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COMMONWEALTH v. STORM (01/21/58)

January 21, 1958

COMMONWEALTH
v.
STORM, APPELLANT.



Appeals, Nos. 199, 200, Oct. T., 1957, from judgment of Court of Quarter Sessions of Huntingdon County, Feb. T., 1955, No. 16, and judgment of Court of Oyer and Terminer of Huntingdon County, May T., 1955, No. 21, in cases of Commonwealth of Pennsylvania v. Alfred Nardi, Jr. et al. Judgments affirmed.

COUNSEL

Richard W. Linton, for appellant.

M. B. DeForrest, District Attorney, with him Frank P. Lawley, Jr., Deputy Attorney General, and Thomas D. McBride, Attorney General, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Woodside

[ 185 Pa. Super. Page 137]

OPINION BY WOODSIDE, J.

These are appeals from the judgments of sentence entered on charges of conspiracy and prison breach in Huntingdon County.

The appellant, Kenneth Storm, an inmate at the Pennsylvania Institution for Defective Delinquents, was convicted by a jury of prison breach and of conspiracy to hold a guard as a hostage, and of conspiracy to escape. He was tried and acquitted on the charge of holding a guard as a hostage.

Storm was one of four inmates of the institution who conspired to escape and, with varying degrees of complicity, committed numerous crimes connected therewith, including murder of one of the guards. As the circumstances of the offenses have no bearing upon these appeals, it is not necessary to relate them. They were outlined by Judge ERVIN in Commonwealth v. Robinette, 182 Pa. Superior Ct. 346, 126 A.2d 495 (1956) when the case of one the appellant's co-conspirators was before us.

[ 185 Pa. Super. Page 138]

The present appellant was less seriously involved than Nardi, who was convicted of murder, and Robinette. The sentences of appellant were from one to two years on each count of conspiracy and from four and a half to nine years on prison breach. Judge HIMES directed all sentences to run concurrently, and to commence August 9, 1954, the date Storm was put into close confinement.

The appellant contends that Section 309 of The Penal Code of 1939 as amended by the Act of July 29, 1953, P.L. 1445, 18 PS ยง 4309, under which he was prosecuted, does not apply to inmates of the Pennsylvania Institution for Defective Delinquents. This section provides:

"Any person undergoing imprisonment who breaks prison and escapes, or shall break prison although no escape is actually made, is guilty of prison breach, a felony, and, on conviction thereof, shall be sentenced to undergo imprisonment, by separate and ...


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