A person acquitted upon the facts and merits on a former trial, may plead such acquittal in bar of a second prosecution for the same offense, notwithstanding any defect in the form or substance of the indictment or accusation on which he was acquitted, unless the case be for a violation of the law relating to the state revenue and the acquittal be reversed on a writ of error on behalf of the Commonwealth.
Va. Code Ann. § 19.2-292
Acquittal by jury on merits bar to further prosecution for same offense
Applied in 2 court decisions — leading case 39 Va. App. 759 - McClellan v. Commonwealth (2003)
Most recently applied in Commonwealth v. Momen (August 2006)
Code 1950, § 19.1-257; 1960, c. 366; 1975, c. 495.
Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.