Commonwealth v. Newsome

LOWE, J.,

Defendant Vernon L. Newsome, possessor of an extended criminal record, *323has been continuously committed to the State Correctional Institution at Graterford since April 25, 1963 upon a 10-to 20-year sentence arising out of a second degree murder conviction. At approximately 1:30 p.m. on June 12, 1971, Lt. Walter L. Bullman of the institution staff observed defendant standing in the doorway of the penitentiary’s hospital. Secure in the knowledge defendant was in an unauthorized area, Lt. Bullman directed Guards Edward G. Pajka and Earnest M. Schwenk to search the prisoner.

As the guards…