Commonwealth v. Slavik

WIEAND, Judge:

Is it a defense to the crime of escape that a prisoner was beaten and threatened by another inmate where the prisoner made no complaint to prison authorities and where, following escape, he remained at large for more than five months without making any effort to surrender or return to custody? The trial court held that under such circumstances neither duress nor necessity was a defense, refused to permit testimony of the beatings and threats, and found Thomas Slavik guilty of escape. We agree and affirm the judgment of sentence.

Appellant had been sentenced on October 16, 1970,…