Stephens v. Commonwealth

HARRISON, R.J.,

delivered the opinion of the Court.

The defendant contends that the lower court should have granted his motion to dismiss all charges against him because of the admitted failure of the Commonwealth to commence his trials within five months from the date of the finding of probable cause on four felony charges and within five months from the date of appeal from his convictions on two misdemeanor charges. Code §§ 19.2-241 and 19.2-243.

On October 19, 1980, Ayer’s Sandwich Shop, located in Martinsville, was burglarized, and various articles of personal property were stolen therefrom.…