Lambert v. Commonwealth

Opinion

COLEMAN, J.

— A furloughed prisoner who fails to return to prison at the appointed time may be guilty of a felony or a misdemeanor. 1 In the trial of Emerson Lambert, who failed to return to prison after his furlough, the trial judge ruled that Code § 53.1- 37(D) creates a presumption that the prisoner has committed a felony when he or she fails to return at the appointed time.

Lambert, an inmate at Pocahontas Correctional Facility, was granted a furlough permitting him to leave at 8:00 a.m. on December 24, 1985. He was required to return no later than 6:00 p.m. on December 27, 1985.…