5.8 Criminal Procedure
| Library | Virginia Law and Practice: A Handbook for Attorneys (Virginia CLE) (2020 Ed.) |
5.8 CRIMINAL PROCEDURE
Virginia law applies with respect to presentment before a magistrate. In Frye v. Commonwealth, 56 the defendant had escaped from a West Virginia prison and killed a Virginia state trooper during a highway stop in Virginia. He was recaptured in West Virginia. The defendant contended that he was not taken before a magistrate without unnecessary delay as required by West Virginia Code § 62-1-5, but Virginia law was applicable on this issue, since the prompt presentment requirement is...
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