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Commonwealth v. McCloskey

Superior Court of Pennsylvania
341 A.2d 500 (1975)


Facts

Shortly after midnight, an alarm went off at Luzerne County Prison, alerting guards that a prisoner was attempting to escape from the recreation area. The alarm was only audible in the guard’s office. The guards immediately checked the inmates, but no prisoners were found missing. Investigation revealed that someone had cut a piece of barbed wire in the area where the alarm went off. The guards also found a bag filled with civilian clothing. The guards later determined the bag belonged to McCloskey (defendant). McCloskey approached one of the guards and confessed that he had planned on breaking out of prison that night, but decided against it when he thought about the consequences. McCloskey was convicted of attempted prison breach, and he appealed to the Superior Court of Pennsylvania.

Rule of Law

Issue

Holding and Reasoning (Hoffman, J.)

Concurrence (Cercone, J.)

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