Virginia Code

Va. Code Ann. § 19.2-266.1 (2026)

Conviction of lesser offense on indictment for homicide

✓ laws through the 2026 session (checked Sept. 2026)
Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

In any trial upon an indictment charging homicide, the jury or the court may find the accused not guilty of the specific offense charged in the indictment, but guilty of any degree of homicide supported by the evidence for which a lesser punishment is provided by law.

1975, c. 495.

Notes of Decisions
Cited in 3 cases, 1988–2000 · leading case: Craig v. Commonwealth, 538 S.E.2d 355 (Va. Ct. App. 2000).
Craig v. Commonwealth, 538 S.E.2d 355 (Va. Ct. App. 2000). · cites it 8× “Further, Code § 19.2-266.1 requires the rejection of appellant’s first argument.”
Wolfe v. Commonwealth, 371 S.E.2d 314 (Va. Ct. App. 1988). · cites it 2× “1 See also Code §§ 19.2-266.1 and 19.2-285, permitting the jury to find the accused guilty of any degree of homicide supported by the evidence and in the event of a new trial, prohibiting the accused from being tried for any higher offense than that of which he was convicted on…”
Dalton v. Commonwealth, 499 S.E.2d 22 (Va. Ct. App. 1998). · cites it 4× “Code § 19.2-266.1. Rule 3A:9, in part, provides: (a) Pleadings and Motions —Pleadings in a criminal proceeding shall be the indictment, information, warrant or summons on which the accused is to be tried and the plea of not guilty, guilty or nolo contendere.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.