Hutchins v. Commonwealth

UPON A REHEARING EN BANC

COLEMAN, Judge.

Rudolph Lynwood Hutchins, Jr. was convicted in a jury trial of unlawful wounding and sentenced to three years in prison. In an unpublished opinion, a divided panel of this Court affirmed the unlawful wounding conviction. We granted Hutchins a de novo rehearing en banc and stayed the mandate. Hutchins contends Code § 19.2-243, the speedy trial statute, barred the prosecution. Upon rehearing, we reverse the trial court and vacate the prior mandate and panel opinion.

In this appeal, we address for the first time the issue of when a jury trial commences for…