Tuesday, October 05, 2004

How to prove an escape

In McBrayer v. Com., the Virginia Court of Appeals in an opinion by Judge Bumgardner, joined by Chief Judge Fitzpatrick and Judge Elder, rejected the appellant's claim that there was no evidence he had committed the crime of escape, where the record showed the following facts: "the defendant was arrested for a felony, was taken to the precinct station in handcuffs, and left in the interview room. When the officers returned, the defendant was gone and could not be found in the building."

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