Silcox v. Commonwealth

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

The record establishes that trial was initially set for August 13, 1997. On July 22, 1997, appellant requested a continuance because “co-counsel for the Defendant ... [was] ill and has closed her…