Mason v. Commonwealth

The defendant, Michael Louis Mason, was indicted for felonious escape in violation of Code § 53-291(2). Upon arraignment, he moved to dismiss the indictment on the ground that he had been indicted under the wrong statute and was liable to prosecution only for a misdemeanor under Code § 18.1-290. On June 7,1974, after a hearing, the defendant was convicted of felonious escape, and he was subsequently sentenced to a term of one year in the penitentiary.

The record shows that on January 12,1974, the defendant was arrested in the City of Hampton on a charge of larceny from the person. He was…