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COMMONWEALTH PENNSYLVANIA v. JACK ERNEST MATSON (04/11/80)

April 11, 1980

COMMONWEALTH OF PENNSYLVANIA
v.
JACK ERNEST MATSON, APPELLANT



No. 441 April Term, 1979, Appeal from the judgment of sentence of the Court of Common Pleas, Criminal Division, of Indiana County, Pennsylvania, dated April 30, 1979, and entered on the name date at No. 431 Crim. 1977.

Before Price, Cavanaugh and Watkins, JJ.

Per Curiam:

Judgment of sentence affirmed on the opinion of Judge Earley of the court below.

Opinion AND ORDER OF COURT

EARLEY, J.

The defendant after having been convicted of the offense of escape in a trial by jury on October 13, 1978, filed Motions for a New Trial and in Arrest of Judgment.

The Defendant alleges that he should receive a new trial and/or be granted an Arrest of Judgment for the following reasons:

1. The Court erred in denying defendant's request for continuance of his trial on October 13, 1978 is order that he could obtain certain government records in support of his defense theory.

2. The trial Court erred in refusing to permit the sheriff of Armstrong County to testify as a witness for the defense.

3. That the Court erred in refusing to permit the defendant to testify that his "escape" was justified, because he escaped for the purpose of working undercover against organized crime and furthermore, the Court erred in refusing to instruct the jury on the defense of justification.

4. That the trial Court erred in denying the Defendant's objection to the District Attorney's closing statements to the jury in which he referred to exhibits testified to at the trial, but which had not been offered and accepted as evidence.

FINDINGS OF FACT

1. The Defendant was indicted for the offense of escape, 18 C.P.S.A. Section 5121, as a result of his unlawful removal of himself from official detention in the Indiana County jail on October 23, 1975.

2. That the defendant was officially detained in the Indiana County jail on October 23, 1975 as a result of a conviction of burglary by an Indiana ...


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