Virginia Code

Va. Code Ann. § 19.2-227 (2026)

When judgment not to be arrested or reversed

✓ current as of May 2026

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Judgment in any criminal case shall not be arrested or reversed upon any exception or objection made after a verdict to the indictment or other accusation, unless it be so defective as to be in violation of the Constitution.

Code 1950, § 19.1-165; 1960, c. 366; 1975, c. 495.

Notes of Decisions

Cited in 18 cases (5 in the last 5 years), 1983–2022 · leading case: Reed v. Com., 706 S.E.2d 854 (Va. 2011).

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Reed v. Com., 706 S.E.2d 854 (Va. 2011). · cites it 10× “Reed next contends that even if the indictments were otherwise valid instruments for bringing him to trial, they nonetheless were fatally defective under Code § 19.2-227, which provides that a judgment in a criminal case may be set aside where the indictment under which the…”

Stamper v. Commonwealth, 324 S.E.2d 682 (Va. 1985). · cites it 4× “The criminal statute of jeofails, Code § 19.2-227, requires that any such objection to an indictment, to be a ground for reversal, be made before verdict.”

Donald Keith Epps v. Commonwealth of Virginia, 785 S.E.2d 792 (Va. Ct. App. 2016). · cites it 2× “While Code § 19.2-227 provides that ‘'(¡Judgment in any criminal case shall not be arrested or reversed upon any exception or objection made after a verdict to the indictment or other accusation, unless it be *399 so defective as to be in violation of the Constitution,” this…”

English v. Commonwealth, 715 S.E.2d 391 (Va. Ct. App. 2011). · cites it 2× “We do not address this issue, however, because it was not raised in the trial court, see Code § 19.2-227; Fletcher v. Commonwealth, 209 Va.”

Grier v. Commonwealth, 546 S.E.2d 743 (Va. Ct. App. 2001). · cites it 2× “” Similarly, Rule 3A:9 requires, inter alia, that “(b) [d]efenses and objections based on defects in the institution of the *568 prosecution or the written charge upon which the accused is to be tried, other than that it fails to .”

Evans v. Commonwealth, 308 S.E.2d 126 (Va. 1983). · cites it 2× “Code § 19.2-227 forbids reversal of a conviction order upon any objection made to the indictment after a verdict, unless the indictment be so defective as to violate the Constitution.”

Waters v. Commonwealth, 510 S.E.2d 262 (Va. Ct. App. 1999). · cites it 2× “Although Waters objected before the verdict was rendered, see Code § 19.2-227, the Commonwealth argues that we should not reach the merits of this claim because Waters failed to earlier object as required by Rule 3A:9(b)(l).”

Kevin Diaz Gomez, s/k/a Kevin Diaz-Gomez v. Commonwealth of Virginia (Va. Ct. App. 2020). · cites it 9× “Code § 19.2-227 provides, “Judgment in any criminal case shall not be arrested or reversed upon any exception or objection made after a verdict to the indictment or other accusation, unless it be so defective as to be in violation of the Constitution.”

Samuel Ellis, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2022). · cites it 8× “Code § 19.2-227 provides that, “Judgment in any criminal case shall not be arrested or reversed upon any exception or objection made after a verdict to the indictment or other accusation, unless it be so defective as to be in violation of the Constitution.”

Commonwealth v. Ostrander, 93 Va. Cir. 384 (Chesapeake Cir. Ct. 2016). · cites it 6× “Va. Code § 19.2-227 provides: “Judgment in any criminal case shall not be arrested or reversed upon any exception or objection made after a verdict to the indictment or other accusation, unless it be so defective as to be in violation of the Constitution.”

Anthony Andre's Mackey v. Commonwealth of Virginia (Va. Ct. App. 2021). · cites it 4× “See Code § 19.2-227 (providing that a conviction cannot be overturned for a non-constitutional error in an indictment if the objection was first made after the verdict was rendered); Rule 5A:18 (requiring a contemporaneous objection); Rowe v.”

Anthony Andre's Mackey v. Commonwealth of Virginia (Va. Ct. App. 2022). · cites it 4× “As 6 The Commonwealth also claims appellant’s objections to his conviction were not timely because Code § 19.2-227 provides, “Judgment in any criminal case shall not be arrested or reversed upon any exception or objection made after a verdict to the indictment or other…”

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