Roe v. Commonwealth

McCLANAHAN, Judge.

George Julious Roe appeals from a decision of the trial court allowing the Commonwealth to re-indict him on the same offenses for which indictments had previously been dismissed. For the following reasons, we affirm the trial court.

I. Background

Roe was indicted by a grand jury for abduction, using a firearm in the commission of abduction, possession of a firearm by a felon, and discharging a firearm in an occupied dwelling. When the case was called for trial, Roe did not appear because he was in federal custody. The Commonwealth moved for a continuance. A judge of the trial…