Commonwealth v. Markle

VAN der VOORT, Judge:

Appeal is taken from Judgment of Sentence rendered on November 26, 1975. Appellant had been charged with and indicted for criminal attempt, a violation of the “Crimes Code”, § 901, Act of 1972, Dec. 6, P.L. 1482, No. 334, 18 Pa.C.S. § 901. The crime which appellant allegedly attempted to commit was that of escape from official detention, formerly known as prison breach, a violation of the “Crimes Code”, supra, § 5121. Jury trial was held on January 13-14, 1975, and the jury returned a verdict of guilty.

The facts show that at or about 8:00 P.M. on May 5, 1974, while…