finding insufficient evidence to sustain conviction for escape when Hall, while on work release, deviated from his normal route to work, but nonetheless returned to prison on time
How later courts described this case
- finding insufficient evidence to sustain conviction for escape when Hall, while on work release, deviated from his normal route to work, but nonetheless returned to prison on time
Written by the judges who cited it.
The opinion
OLSZEWSKI, Judge,
concurring:
While I agree with the analysis and result reached by the majority, I must write separately to express my concern that this case will provide a poor precedent by inviting prisoners participating in a work release program to abuse this privilege -through conduct such as that of appellant herein. Though I believe that appellant in the present case *27 may have committed a technical violation of 18 Pa.G.S.A. § 5121, I agree with the majority’s conclusion that the legislature did not intend such conduct to constitute an escape under this statute. If such conduct was intended to be included as a violation of this statute, the legislature should make an appropriate amendment to that effect.