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CLARK v. COM.

Record No. 1198-85.

353 S.E.2d 790 (1987)

Roy Edward CLARK v. COMMONWEALTH of Virginia

Court of Appeals of Virginia.

March 3, 1987.

Attorney(s) appearing for the Case

Malcolm G. Crawford, Lexington, for appellant.

Margaret Poles Spencer, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Richmond, on brief), for appellee.

Present: KOONTZ, C.J., and BARROW and COLEMAN, JJ.

BARROW, Judge.

In this criminal appeal we conclude that prosecution of conspiracy charges is barred where charges for the underlying substantive offenses have been dismissed for lack of a speedy trial. We reverse the defendant's convictions.

The defendant was charged with attempted robbery, use of a firearm in the commission of a felony and unlawful wearing of a mask. The offenses occurred on January 3, 1984. On...

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