Heflin v. Commonwealth

Code § 19.1-191 requires that an accused be discharged from prosecution in a circuit court for a felony if, after the term at which the accused is held for trial, three regular terms of court pass without a trial and without excuse specified in the statute. 1 The question on this appeal is whether that statute requires a reversal of Carlton Morris Heflin’s conviction of a felony, the unauthorized use of an automobile.

Heflin was indicted and held for trial at the February 1968 term of the Circuit Court of Albemarle County. The law prescribes six regular terms for that court, beginning the…