Virginia Code

Va. Code Ann. § 19.2-317 (2026)

When writ of error lies in criminal case for accused; when for Commonwealth; when for county, city or town

✓ current as of May 2026

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A. A writ of error shall lie in a criminal case to the judgment of a circuit court or the judge thereof, from the Court of Appeals as provided in § 17.1-406. It shall lie in any such case for the accused and if the case is for the violation of any law relating to the state revenue, it shall lie also for the Commonwealth.

B. A writ of error shall also lie for any county, city or town from the Supreme Court to the judgment of any circuit court declaring an ordinance of such county, city or town to be unconstitutional or otherwise invalid, except when the violation of any such ordinance is made a misdemeanor by state statute.

C. A writ of error shall also lie for the Commonwealth from the Supreme Court to a judgment of the Court of Appeals in a criminal case, except where the decision of the Court of Appeals is made final under § 17.1-410 or § 19.2-408.

Code 1950, § 19.1-282; 1960, c. 366; 1975, c. 495; 1984, c. 703; 1997, c. 358.

Notes of Decisions

Cited in 13 cases, 1979–2015 · leading case: Commonwealth v. Smith, 337 S.E.2d 278 (Va. 1985).

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Commonwealth v. Smith, 337 S.E.2d 278 (Va. 1985). · cites it 14× “The Commonwealth, or any county, city, or town, may also petition the Supreme Court for review pursuant to § 19.2-317. The granting of such petitions shall be in the discretion of the Supreme Court.”

Sheets v. Castle, 559 S.E.2d 616 (Va. 2002). · cites it 3× “4 (1979) (“[e]ach petition for writ of error under Va. Code § 19.2-317 (1975) is reviewed on the merits .”

Commonwealth v. Taylor, 506 S.E.2d 312 (Va. 1998). · cites it 2× “Taylor was convicted in a bench trial in the Circuit Court of the City of Peters-burg and was sentenced to three years’ imprisonment, with execution of all three years suspended.”

Crawford v. Commonwealth, 686 S.E.2d 557 (Va. Ct. App. 2009). · cites it 2× “1-411 or subsection C of § 19.2-317. E. A pretrial appeal may be taken in any criminal case from an order of a circuit court dismissing a warrant, information, summons, delinquency petition, or indictment, or any count or charge thereof, on the ground that a statute or local…”

City of Virginia Beach v. Murphy, 389 S.E.2d 462 (Va. 1990). · cites it 4× “ground that the city “may not under its general police power undertake to make conduct which affects only one person (any person) a public nuisance.” (Emphasis in original.”

Bowman v. Commonwealth, 516 S.E.2d 705 (Va. Ct. App. 1999). · cites it 3× “2d 560 (1979) (“[e]ach petition for writ of error under Va.Code § 19.2-317 (1975) is reviewed. on the merits .”

White v. Garraghty, 341 S.E.2d 402 (Va. Ct. App. 1986). · cites it 3× “The Commonwealth or any county, city or town may appeal pursuant to this paragraph in any case in which such party previously could have petitioned for a writ of error under § 19.2-317. 2. Any final decision of the circuit court on appeal from a decision of an administrative…”

Askew v. Commonwealth, 638 S.E.2d 118 (Va. Ct. App. 2006). · cites it 2× “2, Chapter 19 (Code §§ 19.2-317 through 19.2-327), all of which pertain to criminal appeals.”

Jackson v. Virginia, 443 U.S. 307 (1979). · cites it 2× “Each petition for writ of error under Va. Code § 19.2-317 (1975) is reviewed on the merits, however, and the effect of a denial is to affirm the judgment of conviction on the merits.”

David Junior Howell v. Commonwealth of Virginia (Va. Ct. App. 2011). · cites it 2× “Claims raising ineffective assistance of counsel must be asserted in a habeas corpus proceeding and are not cognizable on direct appeal. Blevins v. Commonwealth, 267 Va. 291, 296 , 590 S.”

Antzes v. Commonwealth, 409 S.E.2d 172 (Va. Ct. App. 1991). · cites it 2× “Pertinent to our present inquiry is the conferring of jurisdiction in criminal matters by Code § 19.2-317(A) (formerly Code § 19.1-282), which provides: A writ of error shall lie in a criminal case to the judgment of the circuit court or the judge thereof, from the Court of…”

Nick N.Feizy v. State (Tex. Crim. App. 2015). “The petition for writ of error alleged that the trial Court erred in finding the Petitioner guilty of first-degree murder in light of the evidence introduced on behalf of the Commonwealth, and on unwarranted inferences drawn from this evidence.”

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— Va. Code Ann. § 19.2-317(A) — 2 cases

Commonwealth v. Smith, 337 S.E.2d 278 (Va. 1985). “The Commonwealth, or any county, city, or town, may also petition the Supreme Court for review pursuant to § 19.2-317. The granting of such petitions shall be in the discretion of the Supreme Court.”

Antzes v. Commonwealth, 409 S.E.2d 172 (Va. Ct. App. 1991). “Pertinent to our present inquiry is the conferring of jurisdiction in criminal matters by Code § 19.2-317(A) (formerly Code § 19.1-282), which provides: A writ of error shall lie in a criminal case to the judgment of the circuit court or the judge thereof, from the Court of…”

— Va. Code Ann. § 19.2-317(B) — 1 case

City of Virginia Beach v. Murphy, 389 S.E.2d 462 (Va. 1990). “ground that the city “may not under its general police power undertake to make conduct which affects only one person (any person) a public nuisance.” (Emphasis in original.”

— Va. Code Ann. § 19.2-317(C) — 1 case

Commonwealth v. Taylor, 506 S.E.2d 312 (Va. 1998). “Taylor was convicted in a bench trial in the Circuit Court of the City of Peters-burg and was sentenced to three years’ imprisonment, with execution of all three years suspended.”

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