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State court of last resort · ST-VA-SC
Robbs v. Commonwealth
No. 951973Supreme Court of Virginia
951973 Robbs v. Commonwealth 11/01/1996 The five-month trial date limitation in Code § 19.2-243 applies only if the person charged is held in continuous custody, and here the accused was released before five m…
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951973 Robbs v. Commonwealth 11/01/1996 The five-month trial date limitation in Code § 19.2-243 applies only if the person charge…
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- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Nov 1, 1996
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951973 Robbs v. Commonwealth 11/01/1996 The five-month trial date limitation in Code § 19.2-243 applies only if the person charged is held in continuous custody, and here the accused was released before five months from the date of the preliminary hearing and later re-arrested. However, the Commonwealth did not carry its burden of proving that a motion by the defendant to suppress evidence was the cause of delay to be excluded in computing the permitted maximum of nine months between the preliminary hearing and the trial, and the defendant is discharged from prosecution.
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