16.1-137 - Procedure on appeal when warrant defective. - Virginia Statutes

§ 16.1-137. Procedure on appeal when warrant defective.

Upon the trial of the warrant on appeal the court may, upon its own motion orupon the request either of the attorney for the prosecution or for theaccused, amend the form of the warrant in any respect in which it appears tobe defective. But when the warrant is so defective in form that it does notsubstantially appear from the same what is the offense with which the accusedis charged, or even when it is not so seriously defective, the judge of thecourt having examined on oath the original complainant, if there be one, orif he sees good reason to believe that an offense has been committed, thenwithout examination of witnesses, may issue under his own hand his warrantreciting the offense and requiring the defendant in the original warrant tobe arrested and brought before him. Upon the arrest of the defendant on thenew warrant and his production or appearance in court the trial shall proceedupon the new warrant. When there is an amendment of the original warrant thetrial shall proceed on the amended warrant. But whether the warrant isamended or a new warrant is issued, the court before proceeding to trial onthe same may grant a continuance to the prosecution or to the defendant uponsuch terms as to costs as may be proper under the circumstances of the case;provided, however, that if the warrant be amended or if a new warrant beissued after any evidence has been heard, the accused shall be entitled to acontinuance as a matter of right.

When a warrant is amended or a new warrant is issued the costs alreadyaccrued shall be taxed against the defendant, if he is ultimately convicted,as a part of the costs arising under the new or amended warrant.

(1956, c. 555; 1958, c. 399.)