Commonwealth v. Shindler

Opinion by

Spaulding, J.,

Appellant Carl Shindler appeals from an order of the Court of Common Pleas of Carbon County denying his motion in arrest of judgment. While serving a term for “wantonly pointing and discharging a firearm,” appellant was subsequently convicted of prison breach for an escape which occurred while being trans*378ferred from one jail to another.1 A sentence of 2 to 5 years ivas imposed' on the prison breach charge.

In .this appeal, appellant advances two arguments: (1) that he cannot be convicted of prison breach because he was not physically within a prison when he escaped; and…