Accused guilty of part of offense charged; sentence; on new trial what tried (§ 19.2-285)—Virginia Decoded

Accused guilty of part of offense charged; sentence; on new trial what tried

If a person indicted of a felony be by the jury acquitted of part of the offense charged, he shall be sentenced for such part as he is so convicted of, if the same be substantially charged in the indictment, whether it be felony or misdemeanor. If the verdict be set aside and a new trial granted the accused, he shall not be tried for any higher offense than that of which he was convicted on the last trial.

History

Code 1950, § 19.1-249; 1960, c. 366; 1975, c. 495.

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Court Decisions

Wolfe v. Com. (COA, 08/02/88)
. . . Affirmed. . . .

Jones v. Com. (SCV, 09/02/76)
. . . greater than involuntary manslaughter. Code § 19.2-285. . . .

Edenton v. Com. (SCV, 06/15/84)
. . . whether it be felony or misdemeanor." Code § 19.2-285. But, defendant contends, the misdemeanor of . . .

Smith v. Com. (COA, 07/17/90)
. . . 300. We note also the applicability of Code § 19.2-285[1]. The trial court apparently found . . .

. . . Rebecca K. Taylor, s/k/a Rebecca Knight Taylor v. . . . (COA, 01/27/15)
. . . Code § 19.2-8 is in pari materia with Code . . .

Patterson v. Com. (COA, 02/21/95)
. . . 208 Va. at 444-45, 158 S.E.2d at 658. See Code § 19.2-285. . . .

Necaise v. Com. (SCV, 04/21/11)
. . . retried. That situation is governed by Code § 19.2-285, which provides in pertinent part: "If . . .

Preston v. Com. (SCV, 01/13/11)
. . . adult.[5]See id. at 738, 685 S.E.2d at 51; Code § 19.2-285. . . .

Waller v. Com. (SCV, 11/05/09)
. . . felony. This disposition is consistent with Code § 19.2-285, which provides in pertinent part as . . .

Ledbetter v. Com. (COA, 08/23/94)
. . . asserts for the first time on appeal that Code § 19.2-285 bars his trial on the new warrant because . . .

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