                                 CODE OF VIRGINIA

AMENDMENT OF INDICTMENT, PRESENTMENT OR INFORMATION (§ 19.2-231)

If there be any defect in form in any indictment, presentment or information, or
if there shall appear to be any variance between the allegations therein and the
evidence offered in proof thereof, the court may permit amendment of such
indictment, presentment or information, at any time before the jury returns a
verdict or the court finds the accused guilty or not guilty, provided the
amendment does not change the nature or character of the offense charged. After
any such amendment the accused shall be arraigned on the indictment, presentment
or information as amended, and shall be allowed to plead anew thereto, if he so
desires, and the trial shall proceed as if no amendment had been made; but if
the court finds that such amendment operates as a surprise to the accused, he
shall be entitled, upon request, to a continuance of the case for a reasonable
time.

HISTORY: Code 1950, §§ 19.1-175 through 19.1-177; 1960, c. 366; 1975, c. 495.