No. 939 APRIL TERM, 1978, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Allegheny County, at No. CC7706208A.
Paulette J. Balogh, Assistant Public Defender, Pittsburgh, for appellant.
Robert L. Eberhardt, Assistant District Attorney, Pittsburgh, for Commonwealth, appellee.
Van der Voort, Spaeth and Watkins, JJ. Spaeth, J., files a dissenting opinion.
[ 279 Pa. Super. Page 95]
Appellant was convicted of escape by Judge O'Brien, sitting non-jury, and was sentenced to imprisonment for not less than two nor more than seven years.
His appeal is founded upon these contentions of reversible error:
1. The lower court improperly denied:
(a) a motion to suppress evidence, and
(b) a motion to quash the indictment.
2. He was denied due process at a preliminary hearing when his appointed counsel failed to subpoena a witness in his behalf.
3. The sentence constituted an abuse of the lower court's discretion.
We will discuss them in order.
As part of the general background be it noted that appellant was one of 17 inmates of the Allegheny County Jail who escaped on August 6, 1977. He was arrested on August 18, 1977 in the apartment of his alleged common ...