2006 Code of Virginia § 19.2-226 - What defects in indictments not to vitiate them

19.2-226. What defects in indictments not to vitiate them.

No indictment or other accusation shall be quashed or deemed invalid:

(1) For omitting to set forth that it is upon the oaths of the jurors or upontheir oaths and affirmations;

(2) For the insertion of the words "upon their oath," instead of "upontheir oaths";

(3) For not in terms alleging that the offense was committed "within thejurisdiction of the court" when the averments show that the case is one ofwhich the court has jurisdiction;

(4) For the omission or misstatement of the title, occupation, estate, ordegree of the accused or of the name or place of his residence;

(5) For omitting the words "with force and arms" or the statement of anyparticular kind of force and arms;

(6) For omitting to state, or stating imperfectly, the time at which theoffense was committed when time is not the essence of the offense;

(7) For failing to allege the kind or value of an instrument which causeddeath or to allege that it was of no value;

(8) For omitting to charge the offense to be "against the form of thestatute or statutes";

(9) For the omission or insertion of any other words of mere form orsurplusage; or

(10) For omitting or stating incorrectly the Virginia crime code referencesfor the particular offense or offenses covered.

Nor shall it be abated for any misnomer of the accused; but the court may, incase of a misnomer appearing before or in the course of a trial, forthwithcause the indictment or accusation to be amended according to the fact.

(Code 1950, 19.1-172; 1960, c. 366; 1975, c. 495; 2003, c. 148.)