CHAPTER 399

An Act to amend and reenact § 16.1-187 of the Code of Virginia, relating
to procedure on appeal when warrant is defective, so as to provide
for a continuance as a matter of right for the accused in certain cases.

[H 365]
Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:

1. That § 16.1-137 of the Code of Virginia be amended and reenacted
as follows:

§ 16.1-137. Upon the trial of the warrant on appeal the court may,
upon its own motion or upon the request either of the attorney for the
prosecution or for the accused, amend the form of the warrant in any
respect in which it appears to be defective. But when the warrant is so
defective in form that it does not substantially appear from the same what
is the offense with which the accused is charged, or even when it is not so
seriously defective, the judge of the court having examined on oath the
original complainant, if there be one, or if he sees good reason to believe
that an offense has been committed, then without examination of witnesses,
May issue under his own hand his warrant reciting the offense and requir-
ing the defendant in the original warrant to be arrested and brought before

im. Upon the arrest of the defendant on the new warrant and his produc-
tion or appearance in court the trial shall proceed upon the new warrant.
en there is an amendment of the original warrant the trial shall pro-
ceed on the amended warrant. But whether the warrant is amended or a
new warrant is issued, the court before proceeding to trial on the same
may grant a continuance to the prosecution or to the defendant upon such
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
be issued after any evidence has been heard, the accused shall be entitled
to a continuance as a matter of right.

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