19.2-291 - Faulty counts; motion to strike; general verdict of guilty. - Virginia Statutes

§ 19.2-291. Faulty counts; motion to strike; general verdict of guilty.

When there are several counts in the indictment one or more of which arefaulty, the accused may move to strike the faulty count or counts or move thecourt to instruct the jury to disregard them. If he does neither and ageneral verdict of guilty is found, judgment shall be entered against theaccused, if any count be good, though others be faulty, unless the court canplainly see that the verdict could not have been found on the good count. Ifthe accused demurs to the faulty count or moves the court to instruct thejury to disregard it and his demurrer or motion is overruled and there is ageneral verdict of guilty and it cannot be seen on which count the verdictwas founded, if the jury has been discharged, it shall be set aside; but ifit is manifest that it could not have been found on the bad count, theverdict shall be allowed to stand.

(Code 1950, § 19.1-255; 1960, c. 366; 1975, c. 495.)