Virginia Code

Va. Code Ann. § 19.2-292 (2026)

Acquittal by jury on merits bar to further prosecution for same offense

✓ current as of May 2026

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A person acquitted upon the facts and merits on a former trial, may plead such acquittal in bar of a second prosecution for the same offense, notwithstanding any defect in the form or substance of the indictment or accusation on which he was acquitted, unless the case be for a violation of the law relating to the state revenue and the acquittal be reversed on a writ of error on behalf of the Commonwealth.

Code 1950, § 19.1-257; 1960, c. 366; 1975, c. 495.

Notes of Decisions

Cited in 2 cases, 2003–2006 · leading case: McClellan v. Commonwealth, 576 S.E.2d 785 (Va. Ct. App. 2003).

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McClellan v. Commonwealth, 576 S.E.2d 785 (Va. Ct. App. 2003). · cites it 6× “Thus, pleading autre fois acquit and pursuant to Code § 19.2-292, McClellan argues that because she was acquitted by the district court of the charge of offering adulterated food, further prosecution for the offense of misbranding in circuit court amounted to a successive…”

Commonwealth v. Momen, 72 Va. Cir. 50 (Fairfax Cir. Ct. 2006). · cites it 2× “The defense, in its motion, mistakenly based its relief on Virginia Code § 19.2-292, which addresses double jeopardy.”

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