Commonwealth v. Smith

Opinion by

Price, J.,

This appeal comes before our Court following the granting of appellee’s motion in arrest of judgment by the lower court en banc. Appellee was a prisoner who had been convicted of rape and had been sentenced to a term in prison of from 29 to 59 months, sentence to commence September 5, 1971. He was granted a holiday furlough from the Berks County Prison, which was to last from 8:30 a.m., September 3, 1972, until 10:30 p.m., September 4, 1972. Appellee failed to return to the prison on September 4, and did not return during the entire month of September. Appellee was charged…