                                 CODE OF VIRGINIA

WHAT DEFECTS IN INDICTMENTS NOT TO VITIATE THEM (§ 19.2-226)

No indictment or other accusation shall be quashed or deemed invalid:

1. For omitting to set forth that it is upon the oaths of the jurors or upon
their oaths and affirmations;

2. For the insertion of the words &#8220;upon their oath,&#8221; instead of
&#8220;upon their oaths&#8221;;

3. For not in terms alleging that the offense was committed &#8220;within the
jurisdiction of the court&#8221; when the averments show that the case is one of
which the court has jurisdiction;

4. For the omission or misstatement of the title, occupation, estate, or degree
of the accused or of the name or place of his residence;

5. For omitting the words &#8220;with force and arms&#8221; or the statement of
any particular kind of force and arms;

6. For omitting to state, or stating imperfectly, the time at which the offense
was committed when time is not the essence of the offense;

7. For failing to allege the kind or value of an instrument which caused death
or to allege that it was of no value;

8. For omitting to charge the offense to be &#8220;against the form of the
statute or statutes&#8221;;

9. For the omission or insertion of any other words of mere form or surplusage;
or

10. For omitting or stating incorrectly the Virginia crime code references for
the particular offense or offenses covered.
			Nor shall it be abated for any misnomer of the accused; but the court may, in
case of a misnomer appearing before or in the course of a trial, forthwith cause
the indictment or accusation to be amended according to the fact.

HISTORY: Code 1950, § 19.1-172; 1960, c. 366; 1975, c. 495; 2003, c. 148.