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Va. Code Ann. § 19.2-221

Form of prosecutions generally; murder and manslaughter

Applied in 5 court decisions — leading case 44 Va. App. 103 - Walshaw v. Commonwealth (2004)

Most recently applied in 68 Va. App. 399 - Laurence Maria Smith, s/k/a Laurence Marie Smith v. Commonwealth of Virginia (January 2018)

Code 1950, § 19.1-166; 1960, c. 366; 1975, c. 495.

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

The prosecutions for offenses against the Commonwealth, unless otherwise provided, shall be by presentment, indictment or information. While any form of presentment, indictment or information which informs the accused of the nature and cause of the accusation against him shall be good the following shall be deemed sufficient for murder and manslaughter:

Commonwealth of Virginia _______________ county (or city) to-wit: The grand jurors of the Commonwealth of Virginia, in and for the body of the county (or city) of __________, upon their oaths present that A __________ B __________, on the __________ day of __________, 20_____, in the county (or city) of __________ feloniously did kill and murder one C __________ D __________ against the peace and dignity of the Commonwealth.

A grand jury may, in case of homicide, which in their opinion amounts to manslaughter only, and not to murder, find an indictment against the accused for manslaughter and in such case the indictment shall be sufficient if it be in form or effect as follows:

Commonwealth of Virginia _______________ county (or city) to-wit: The grand jurors of the Commonwealth of Virginia, in and for the body of the county (or city) of _______________, upon their oaths present that A __________ B __________, on the __________ day of __________, 20_____, in the county (or city) of __________ feloniously and unlawfully did kill and slay one C __________ D __________, against the peace and dignity of the Commonwealth.

Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.