19.2-231 - Amendment of indictment, presentment or information. - Virginia Statutes

§ 19.2-231. Amendment of indictment, presentment or information.

If there be any defect in form in any indictment, presentment or information,or if there shall appear to be any variance between the allegations thereinand the evidence offered in proof thereof, the court may permit amendment ofsuch indictment, presentment or information, at any time before the juryreturns a verdict or the court finds the accused guilty or not guilty,provided the amendment does not change the nature or character of the offensecharged. After any such amendment the accused shall be arraigned on theindictment, presentment or information as amended, and shall be allowed toplead anew thereto, if he so desires, and the trial shall proceed as if noamendment had been made; but if the court finds that such amendment operatesas a surprise to the accused, he shall be entitled, upon request, to acontinuance of the case for a reasonable time.

(Code 1950, §§ 19.1-175 through 19.1-177; 1960, c. 366; 1975, c. 495.)