Virginia Code
Va. Code Ann. § 19.2-266.1 (2026)
Conviction of lesser offense on indictment for homicide
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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). “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). “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). “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.”
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