19.2-285 - Accused guilty of part of offense charged; sentence; on new trial what tried.
§ 19.2-285. Accused guilty of part of offense charged; sentence; on new trialwhat tried.
If a person indicted of a felony be by the jury acquitted of part of theoffense charged, he shall be sentenced for such part as he is so convictedof, if the same be substantially charged in the indictment, whether it befelony or misdemeanor. If the verdict be set aside and a new trial grantedthe accused, he shall not be tried for any higher offense than that of whichhe was convicted on the last trial.
(Code 1950, § 19.1-249; 1960, c. 366; 1975, c. 495.)