                                 CODE OF VIRGINIA

FAULTY COUNTS; MOTION TO STRIKE; GENERAL VERDICT OF GUILTY (§ 19.2-291)

When there are several counts in the indictment one or more of which are faulty,
the accused may move to strike the faulty count or counts or move the court to
instruct the jury to disregard them. If he does neither and a general verdict of
guilty is found, judgment shall be entered against the accused, if any count be
good, though others be faulty, unless the court can plainly see that the verdict
could not have been found on the good count. If the accused demurs to the faulty
count or moves the court to instruct the jury to disregard it and his demurrer
or motion is overruled and there is a general verdict of guilty and it cannot be
seen on which count the verdict was founded, if the jury has been discharged, it
shall be set aside; but if it is manifest that it could not have been found on
the bad count, the verdict shall be allowed to stand.

HISTORY: Code 1950, § 19.1-255; 1960, c. 366; 1975, c. 495.