April 2019 - Stokes v. Commonwealth

Published: May 19, 2019, 3:37 a.m.

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Granted Appeal Summary:

 

From the Court of Appeals of Virginia

 

Assignment of Error

 

  1. The Court of Appeals erred in affirming the trial court allowing the Commonwealth to amend the charge of rape, first offense, to rape, second offense, after Stokes had a preliminary hearing on rape, first offense, been held in custody continuously since his arrest, but was indicted and tried on the charge of rape, second offense, without holding a preliminary hearing on the new charge of rape, second offense.



Source Document: http://www.courts.state.va.us/courts/scv/appeals/180510.pdf