Commonwealth v. Fountain

STEVENS, J.:

¶ 1 The Commonwealth appeals the order entered in the Court of Common Pleas of Dauphin County granting Appellee’s writ for habeas corpus relief and dismissing the escape charge lodged against Appellee based on insufficiency of the evidence. 1 We conclude that the Commonwealth established a prima facie case as to the escape charge, and, therefore, we reverse and remand for proceedings consistent with this decision.

The decision to grant or deny a petition for writ of habeas corpus will be reversed on appeal only for a manifest abuse of discretion. It is settled that a petition for…