{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-324.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-324.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-324.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-324.1.html"}],"law_id":63439,"edition_id":1,"section_id":63439,"structure_id":15181,"section_number":"19.2-324.1","catch_line":"Erroneously admitted evidence; appeal","history":"2013, c. 675.","full_text":"In appeals to the Court of Appeals or the Supreme Court, when a challenge to a conviction rests on a claim that the evidence was insufficient because the trial court improperly admitted evidence, the reviewing court shall consider all evidence admitted at trial to determine whether there is sufficient evidence to sustain the conviction. If the reviewing court determines that evidence was erroneously admitted and that such error was not harmless, the case shall be remanded for a new trial if the Commonwealth elects to have a new trial.","order_by":null,"text":{"0":{"id":231176,"text":"In appeals to the Court of Appeals or the Supreme Court, when a challenge to a conviction rests on a claim that the evidence was insufficient because the trial court improperly admitted evidence, the reviewing court shall consider all evidence admitted at trial to determine whether there is sufficient evidence to sustain the conviction. If the reviewing court determines that evidence was erroneously admitted and that such error was not harmless, the case shall be remanded for a new trial if the Commonwealth elects to have a new trial.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15181,"edition_id":1,"name":"Exceptions and Writs of Error","identifier":"19","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:52:45","date_modified":"2026-06-26 03:52:45","permalink":{"id":169709,"object_type":"structure","relational_id":15181,"identifier":"19","token":"19.2\/19","url":"\/19.2\/19\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67662,"structure_id":15181,"section_number":"19.2-317","catch_line":"When writ of error lies in criminal case for accused; 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appeal","url":"\/19.2-324.1\/","token":"19.2\/19\/19.2-324.1","metadata":false},{"id":63791,"structure_id":15181,"section_number":"19.2-325","catch_line":"Provisions which apply to criminal as well as civil cases; when plaintiff in error unable to pay printing costs","url":"\/19.2-325\/","token":"19.2\/19\/19.2-325","metadata":false},{"id":84883,"structure_id":15181,"section_number":"19.2-326","catch_line":"Payment of expenses of appeals of indigent defendants","url":"\/19.2-326\/","token":"19.2\/19\/19.2-326","metadata":false},{"id":79908,"structure_id":15181,"section_number":"19.2-327","catch_line":"How judgment of appellate court certified and entered","url":"\/19.2-327\/","token":"19.2\/19\/19.2-327","metadata":false},{"id":64877,"structure_id":15181,"section_number":"19.2-327.01","catch_line":"Repealed","url":"\/19.2-327.01\/","token":"19.2\/19\/19.2-327.01","metadata":false}],"previous_section":{"id":74636,"structure_id":15181,"section_number":"19.2-324","catch_line":"Decision of appellate court","url":"\/19.2-324\/","token":"19.2\/19\/19.2-324","metadata":false},"next_section":{"id":63791,"structure_id":15181,"section_number":"19.2-325","catch_line":"Provisions which apply to criminal as well as civil cases; when plaintiff in error unable to pay printing costs","url":"\/19.2-325\/","token":"19.2\/19\/19.2-325","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-324.1\/","history_text":"

This law was first created in 2013. The record of its establishment is cataloged in chapter 675<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":169759,"object_type":"law","relational_id":63439,"identifier":"19.2-324.1","token":"19.2\/19\/19.2-324.1","url":"\/19.2-324.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-324.1\/","token":"19.2\/19\/19.2-324.1","dublin_core":{"Title":"Erroneously admitted evidence; appeal","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-324.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In appeals<\/span> to the Court<\/span> of Appeals<\/span> or the Supreme Court<\/span>, when a challenge to a conviction<\/span> rests on a claim that the evidence<\/span> was insufficient because the trial<\/span> court<\/span> improperly admitted evidence<\/span>, the reviewing court<\/span> shall consider all evidence<\/span> admitted at trial<\/span> to determine whether there is sufficient evidence<\/span> to sustain<\/span> the conviction<\/span>. If the reviewing court<\/span> determines that evidence<\/span> was erroneously admitted and that such error was not harmless, the case shall be remanded for a new trial<\/span> if the Commonwealth elects to have a new trial<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nERRONEOUSLY ADMITTED EVIDENCE; APPEAL (\u00a7 19.2-324.1)\n\nIn appeals to the Court of Appeals or the Supreme Court, when a challenge to a\nconviction rests on a claim that the evidence was insufficient because the trial\ncourt improperly admitted evidence, the reviewing court shall consider all\nevidence admitted at trial to determine whether there is sufficient evidence to\nsustain the conviction. If the reviewing court determines that evidence was\nerroneously admitted and that such error was not harmless, the case shall be\nremanded for a new trial if the Commonwealth elects to have a new trial.\n\nHISTORY: 2013, c. 675.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}