Chap. 16.—An ACT to amend and re-enact section 4926 of the Code of Virginia.
providing for the time within which an indictment for felony must be tried
or accused discharged. [H B 31]

Approved February 16, 1928

1. Be it enacted by the general assembly of Virginia, That
section forty-nine hundred and tw entyv-six of the Code of Vi irginia
be amended and re-enacted so as to read as follows:

section 4926, Within what time an indictment for felony must
be tried or accused be forever discharged. Every person against
whom an indictment is found charging a felony and held in any
court for trial, whether he be in custody or not, shall be forever dis-
charged from prosecution for the offense, if there be three regular
terms of the circuit or four of the corporation or hustings court in
which the case is pending after he is so held without a trial, un-
less the failure to try him was caused by his insanity, or by reason
ot his confinement in a hospital for the insane for care and ob-
servation, or by the witnesses for the Commonwealth being en-
ticed or kept away or prevented from attending by sickness or
inevitable accident, or by continuance granted on the motion of
the accused, or by reason of his escaping from jail or failing to
appear according to his recognizance, or of the inability of the
lury to agree in their verdict, or where there be no court held at
the regular term, or where there is court held and for any reason
it would be injudicious, in the opinion of the court, to have jurors
and witnesses summoned for that term, which reason shall be
specially spread upon the records of the court; but the time during
the pendency of any appeal in any appellate court shall not be in-
cluded as applying to the provisions of this section.