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PITTMAN v. COM.

Record No. 0842-89-1.

395 S.E.2d 473 (1990)

Augustus Eugene PITTMAN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

August 21, 1990.

Attorney(s) appearing for the Case

Douglas Fredericks, Norfolk, for appellant.

Katherine B. Toone, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BAKER, BENTON and MOON, JJ.

MOON, Judge.

We reverse the conviction of Augustus Eugene Pittman for murder and the use of a firearm in the commission of a felony because he was not tried within five months as required by Code § 19.2-243.

Pittman was arrested and incarcerated on August 23, 1988. After a preliminary hearing finding probable cause on September 28, 1988, he was indicted by a circuit court grand jury on October 5, 1988. Trial was set for January 13, 1989. That day the...

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