Criminal Law — Breaking and escaping from prison — Evidence — Credibility of witnesses.
On appeal by defendant following conviction on a charge of breaking and escaping from prison, in which it appeared that defendant admitted that he escaped from prison, but contended that he did not break prison and escaped by using keys which had been furnished to him by a guard; and that the court below, holding that on the evidence the only issue raised was one of credibility, which had been determined by the jury against defendant, dismissed defendant's motions for a new trial and in arrest of judgment; it was Held that the judgment of sentence of the court below should be affirmed.
Argued March 19, 1962.
OPINION PER CURIAM, April 12, 1962:
The judgment of sentence of the court below is affirmed on the opinion of President Judge HESS for the court below, as reported in 26 Pa. D. C. 2d 639.