BARROW, Judge.
This is an appeal of a conviction for escape from the Virginia State Penitentiary in which the appellant contends that he was not brought to trial within the time required by Code § 19.2-243. We agree and reverse.
The appellant's preliminary hearing at which probable cause was found was held on November 13, 1984, and he was tried on May 16, 1985, more than five months later. He was in custody from the time of his arrest until his conviction...
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