SILCOX v. COM.

No. 2988-98-3.

528 S.E.2d 744 (2000)

32 Va. App. 509

Marvin Lee SILCOX, a/k/a Jake Stout v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

May 23, 2000.


Attorney(s) appearing for the Case

James Michael Shull, Gate City (S. Strother Smith, III, Abingdon, on brief), for appellant.

Stephen R. McCullough, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., and COLEMAN and FRANK, JJ.


FITZPATRICK, Chief Judge.

Marvin Lee Silcox (appellant) was convicted in a jury trial of abduction, in violation of Code § 18.2-47, and misdemeanor assault and battery, in violation of Code § 18.2-57.1 The sole issue is whether the trial court erred in refusing to continue the case because appellant's out-of-state counsel was unavailable on the trial date. Finding no abuse of discretion, we affirm.

I.

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