Virginia Code

Va. Code Ann. § 19.2-220 (2026)

Contents of indictment in general

✓ current as of May 2026

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The indictment or information shall be a plain, concise and definite written statement, (1) naming the accused, (2) describing the offense charged, (3) identifying the county, city or town in which the accused committed the offense, and (4) reciting that the accused committed the offense on or about a certain date. In describing the offense, the indictment or information may use the name given to the offense by the common law, or the indictment or information may state so much of the common law or statutory definition of the offense as is sufficient to advise what offense is charged.

1975, c. 495.

Notes of Decisions

Cited in 102 cases (15 in the last 5 years), 1976–2026 · leading case: Joaquin Shadow Rams, Sr., a/k/a, etc. v. Commonwealth of Virginia, 823 S.E.2d 510 (Va. Ct. App. 2019).

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Joaquin Shadow Rams, Sr., a/k/a, etc. v. Commonwealth of Virginia, 823 S.E.2d 510 (Va. Ct. App. 2019). · cites it 6× “The Supreme Court of Virginia has held that “[t]he important concerns evident in these provisions are fully honored” by Code §§ 19.2-220 and -221. Id. at 114. Code § 19.”

Edwards v. Commonwealth, 589 S.E.2d 444 (Va. Ct. App. 2003). · cites it 4× “Code § 19.2-220 provides, in pertinent part, that an indictment shall be "a plain, concise and definite written statement, (1) naming the accused, (2) describing the offense charged, (3) identifying the county, city or town in which the accused committed the offense, and (4)…”

Schwartz v. Commonwealth, 611 S.E.2d 631 (Va. Ct. App. 2005). · cites it 6× “In light of such omissions, she argues, the submission of the murder and conspiracy charges to the jury violated her due process and notice rights under the United States and Virginia Constitutions and Code § 19.2-220. We disagree. “Both the United States and Virginia…”

Thomas v. Commonwealth, 561 S.E.2d 56 (Va. Ct. App. 2002). · cites it 10× “the indictment or information may state so much of the common law or statutory definition of the offense as is sufficient to advise what offense is charged.”

Atkins v. Commonwealth, 698 S.E.2d 249 (Va. Ct. App. 2010). · cites it 4× “2-220 provides: The indictment or information shall be a plain, concise and definite written statement, (1) naming the accused, (2) describing the offense charged, (3) identifying the county, city or town in which the accused committed the offense, and (4) reciting that the…”

Marlowe v. Commonwealth, 347 S.E.2d 167 (Va. Ct. App. 1986). · cites it 4× “Clearly, the use of the term “on or about” in the indictment was consistent with the provisions of Code § 19.2-220. 1 The court’s response to the jury was a restatement of the language of the indictment.”

Herrington v. Commonwealth, 781 S.E.2d 561 (Va. 2016). · cites it 4× “" The indictment satisfied the requirements of Code §§ 19.2-220 and -221, 3 and Herrington does not contend otherwise.”

Walshaw v. Commonwealth, 603 S.E.2d 633 (Va. Ct. App. 2004). · cites it 4× “Code § 19.2-220 provides, in pertinent part, that: The indictment or information shall be a plain, concise and definite written statement .”

Commonwealth v. Dalton, 524 S.E.2d 860 (Va. 2000). · cites it 4× “" III The Due Process Clauses of the Constitution of the United States and the Constitution of Virginia mandate that an accused be given proper notification of the charges against him.”

Simpson v. Commonwealth, 267 S.E.2d 134 (Va. 1980). · cites it 7× “Va. Code § 19.2-220 requires that an indictment name the accused, describe the offense charged, identify the location of the alleged commission, and designate a date for the offense.”

Wilder v. Commonwealth, 225 S.E.2d 411 (Va. 1976). · cites it 4× “See Code §§ 19.2-220 and 19.2-221; Rule 3A:7(a).”

Hairston v. Commonwealth, 343 S.E.2d 355 (Va. Ct. App. 1986). · cites it 4× “Code § 19.2-220. 1 No indictment will be deemed invalid for the insertion of any other words or surplusage.”

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