Commonwealth v. Hearn

Fullam, J.,

Defendant’s motion in arrest of judgment requires us to decide whether a prisoner engaged in private employment under the “Work-Release” program is guilty of the crime of prison breach or escape if he absconds, and fails to return to prison when scheduled.

The facts are not in dispute. Defendant, while serving a sentence in the Bucks County Prison for the offenses of burglary, larceny and receiving stolen goods, imposed as of January sessions, 1962, no. 122, was admitted to the work-release program by appropriate order of the sentencing judge, as authorized by the Act of August…