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FOWLKES v. COM.

Record No. 770725.

240 S.E.2d 662 (1978)

Jonathan FOWLKES v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

January 13, 1978.

Attorney(s) appearing for the Case

Robert K. Caudle, Jr., Richmond (Caudle & Shapiro, Richmond, on brief), for plaintiff in error.

Thomas D. Bagwell, Asst. Atty. Gen. (Anthony F. Troy, Atty. Gen., on brief), Richmond, for defendant in error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

POFF, Justice.

The question raised by this appeal is whether defendant was denied his constitutional right to a speedy trial. U.S.Const. amend. VI;1 Va.Const. art. I, § 8.2 Since the challenged delay preceded the preliminary hearing, the right defined by Code § 19.2-243 (Repl.Vol.1975) is not at issue.

Tried by the court without a jury, Jonathan Fowlkes was convicted of robbery and sentenced...

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