Tuesday, February 01, 2005

Man out on bond not in custody of court for purposes of escape statute

In Davis v. Com., the Court of Appeals in an opinion by Chief Judge Fitzpatrick joined by Judges Bumgardner and Frank overturned a decision by Judge Campbell of Grayson County and concluded that the defendant while he was out on bond awaiting sentence was not in the custody of the court for purposes of Va. Code 18.2-479(B).

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