Va. Code » Title 19.2. Criminal Procedure » Chapter 17. Convictions; Effect Thereof » Article 2. Former Jeopardy
Virginia Code

Va. Code Ann. § 19.2-293 (2026)

When acquittal not a bar to further prosecution for same offense

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A person acquitted of an offense on the ground of a variance between the allegations and the proof of the indictment or other accusation, or upon an exception to the form or substance thereof, may be arraigned again on a new indictment or other proper accusation, and tried and convicted for the same offense, notwithstanding such former acquittal.

Code 1950, § 19.1-258; 1960, c. 366; 1975, c. 495.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2003–2022 · leading case: Commonwealth v. Bass, 786 S.E.2d 165 (Va. 2016).
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Commonwealth v. Bass, 786 S.E.2d 165 (Va. 2016). · cites it 2× “2-293 ("A person acquitted of an offense on the ground of a variance between the allegations and the proof of the indictment or other accusation, or upon an exception to the form or substance thereof, may be arraigned again on a new indictment or other proper accusation, and…”
Purvy v. Commonwealth, 717 S.E.2d 847 (Va. Ct. App. 2011). · cites it 2× “2-293 ("A person acquitted of an offense on the ground of a variance between the allegations and the proof of the indictment or other accusation, or upon an exception to the form or substance thereof, may be arraigned again on a new indictment or other proper accusation, and…”
Roe v. Commonwealth, 609 S.E.2d 635 (Va. Ct. App. 2005). · cites it 4× “See Code § 19.2-293. Concluding, however, that a "dismissal" is the equivalent of a nolle prosequi if double jeopardy has not attached begs the difficult question of how to interpret an order of "dismissal.”
Commonwealth v. Hagwood, 63 Va. Cir. 212 (Charlottesville Cir. Ct. 2003). · cites it 4× “Va. Code Ann. § 19.2-293 ; Mealy v. Commonwealth, 193 Va.”
Commonwealth v. Bass, No. 151163 (Va. June 2, 2016). · cites it 2× “See Code § 19.2-293 (“A person acquitted of an offense on the ground of a variance between the allegations and the proof of the indictment or other accusation, or upon an exception to the form or substance thereof, may be arraigned again on a protecting the accused’s right to…”
Dontay Milsap v. Commonwealth of Virginia, No. 0794211 (Va. Ct. App. May 10, 2022). · cites it 2× “See generally Code § 19.2-293 (permitting reprosecution following an acquittal based on a fatal variance under certain circumstances); Montana v.”
Commonwealth of Virginia v. Frank Innes Flythe, No. 0592154 (Va. Ct. App. Sept. 1, 2015). · cites it 2× “We held that because there was but one taking of the dog, changing the date on the indictment could not create a separate offense for purposes of circumventing the Double Jeopardy Clause.”
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