Virginia Code

Va. Code Ann. § 19.2-248 (2026)

Venue when mortal wound, etc., inflicted in one county and death ensues in another

✓ current as of May 2026

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If a mortal wound, or other violence or injury, be inflicted, or poison administered in one county or city, and death ensues therefrom in another county or city, the offense may be prosecuted in either.

Code 1950, § 19.1-223; 1960, c. 366; 1975, c. 495.

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1997–2022 · leading case: Michael Anthony Edwards v. Commonwealth of Virginia, 808 S.E.2d 211 (Va. Ct. App. 2017).

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Michael Anthony Edwards v. Commonwealth of Virginia, 808 S.E.2d 211 (Va. Ct. App. 2017). · cites it 12× “Here, the applicable venue statute is Code § 19.2-248, which provides, in relevant part, that “if a mortal wound, or other violence or injury, be inflicted .”

Gerald, T. v. Commonwealth, 813 S.E.2d 722 (Va. 2018). · cites it 2× “2-247 (providing for venue where body found or from where victim removed from Commonwealth in certain homicide cases in which circumstances make it unknown where crime occurred); Code § 19.2-248 (providing that where mortal wound or other injury is inflicted in one county or…”

Baker v. Commonwealth, 486 S.E.2d 111 (Va. Ct. App. 1997). · cites it 6× “On February 22, 1996, the defendant moved to dismiss the charges for failing to commence trial within five months from the finding of probable cause as required by Code § 19.2-248. On February 26, the trial date, the Commonwealth’s attorney asked for another continuance in order…”

Ashby v. Commonwealth, 535 S.E.2d 182 (Va. Ct. App. 2000). · cites it 2× “Code § 19.2-248 provides in relevant part as follows: Where a general district court has found that there is probable cause to believe that the accused has committed a felony, the accused, if he is held continuously in custody thereafter, shall be forever discharged from…”

Bailey v. Commonwealth, 568 S.E.2d 440 (Va. Ct. App. 2002). · cites it 2× “Speedy trial The speedy trial statute provides, in pertinent part: Where a general district court has found that there is probable cause to believe that the accused has committed a *802 felony, the accused, if he is held continuously in custody thereafter, shall be forever…”

Mitchell v. Commonwealth, 518 S.E.2d 330 (Va. Ct. App. 1999). · cites it 2× “*526 On the morning of trial, Mitchell filed a motion to dismiss on the ground that his trial had not commenced within nine months of his indictment as required by Code § 19.2-248. The motion alleged that between indictment on April 19, 1994, and Brickhill’s appointment as…”

James Arthur Price, Jr. v. Commonwealth of Virginia, 492 S.E.2d 447 (Va. Ct. App. 1997). · cites it 2× “Defendant complains on appeal that he was denied a speedy trial in violation of Code § 19.2-248. Finding that defendant was continuously in custody in excess of five months from the finding of probable cause to the commencement of trial, contrary to statute, we reverse the…”

Erick Dontae Porter v. Commonwealth of Virginia (Va. Ct. App. 2001). · cites it 4× “1 1 Moreover, Code § 19.2-248 provides that "[I]f a mortal wound, or other violence or injury, be inflicted .”

Johnson v. Clarke (E.D. Va. 2022). · cites it 2× “Johnson filed a motion for summary judgment alleging the respondent had not filed a timely response {Dkt.”

Johnson v. Dir. of the Virginia Dep't of Corr. (E.D. Va. 2022). · cites it 2× “at 90 (quoting Code § 19.2-248(2)). Recognizing this Court “has repeatedly held that the exceptions stated in the statute are not meant to be all-inclusive, and other exceptions of a similar nature are implied,” provided they are “of a similar nature and have the same rationale…”

— Va. Code Ann. § 19.2-248(2) — 1 case

Johnson v. Dir. of the Virginia Dep't of Corr. (E.D. Va. 2022). “at 90 (quoting Code § 19.2-248(2)). Recognizing this Court “has repeatedly held that the exceptions stated in the statute are not meant to be all-inclusive, and other exceptions of a similar nature are implied,” provided they are “of a similar nature and have the same rationale…”

— Va. Code Ann. § 19.2-248(4) — 1 case

Baker v. Commonwealth, 486 S.E.2d 111 (Va. Ct. App. 1997). “On February 22, 1996, the defendant moved to dismiss the charges for failing to commence trial within five months from the finding of probable cause as required by Code § 19.2-248. On February 26, the trial date, the Commonwealth’s attorney asked for another continuance in order…”

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