                                 CODE OF VIRGINIA

PROCEDURE ON APPEAL WHEN WARRANT DEFECTIVE (§ 16.1-137)

Upon the trial of the warrant on appeal the court may, upon its own motion or
upon the request either of the attorney for the prosecution or for the accused,
amend the form of the warrant in any respect in which it appears to be
defective. But when the warrant is so defective in form that it does not
substantially appear from the same what is the offense with which the accused is
charged, or even when it is not so seriously defective, the judge of the court
having examined on oath the original complainant, if there be one, or if he sees
good reason to believe that an offense has been committed, then without
examination of witnesses, may issue under his own hand his warrant reciting the
offense and requiring the defendant in the original warrant to be arrested and
brought before him. Upon the arrest of the defendant on the new warrant and his
production or appearance in court the trial shall proceed upon the new warrant.
When there is an amendment of the original warrant the trial shall proceed on
the amended warrant. But whether the warrant is amended or a new warrant is
issued, the court before proceeding to trial on the same may grant a continuance
to the prosecution or to the defendant upon such terms as to costs as may be
proper under the circumstances of the case; provided, however, that if the
warrant be amended or if a new warrant be issued after any evidence has been
heard, the accused shall be entitled to a continuance as a matter of right.
		When a warrant is amended or a new warrant is issued the costs already accrued
shall be taxed against the defendant, if he is ultimately convicted, as a part
of the costs arising under the new or amended warrant.

HISTORY: 1956, c. 555; 1958, c. 399.