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RANDOLPH v. COM.

Record No. 1201-95-4.

470 S.E.2d 132 (1996)

22 Va. App. 334

James Mitchell RANDOLPH v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

April 30, 1996.

Attorney(s) appearing for the Case

Jeffrey B. Rice, for appellant.

Michael T. Judge, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: COLEMAN, WILLIS and OVERTON, JJ.

OVERTON, Judge.

James Randolph, defendant, appeals his convictions of spousal rape and forcible sodomy on the ground that he was not tried within the statutory five-month time limit required by Code § 19.2-243. Finding no error, we affirm the convictions.

Randolph was arrested December 18, 1993, and a preliminary hearing was held January 10, 1994, at which time probable cause was found. He was held in custody...

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