A person acquitted of an offense on the ground of a variance between the allegations and the proof of the indictment or other accusation, or upon an exception to the form or substance thereof, may be arraigned again on a new indictment or other proper accusation, and tried and convicted for the same offense, notwithstanding such former acquittal.
Va. Code Ann. § 19.2-293
When acquittal not a bar to further prosecution for same offense
Applied in 4 court decisions — leading case Commonwealth v. Bass (2016)
Most recently applied in Commonwealth v. Bass (June 2016)
Code 1950, § 19.1-258; 1960, c. 366; 1975, c. 495.
How often courts cite this section
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.
Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.