Commonwealth v. Clark

I agree with the majority’s disposition of all issues except *374defendant’s claim that he should be discharged for escape.1 While the county sheriff filed a criminal complaint against defendant for the crime of escape, the district attorney never filed an information formally charging defendant with that crime. This would clearly seem to require defendant’s discharge on his escape conviction, because as Chief Justice Maxey observed in a unanimous opinion for our Supreme Court:

No authority is needed to sustain the proposition that a defendant cannot be legally convicted of a crime neither charged…