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The Pittsburgh Press from Pittsburgh, Pennsylvania • Page 18

Location:
Pittsburgh, Pennsylvania
Issue Date:
Page:
18
Extracted Article Text (OCR)

13 The Pittsburgh Press, Monday, Aug. 7, 1972 a 77 Con's Abuse Of Furlough Ruled 'Break' Failure To Return Is Prison Breach, State Court Says By ROBERT BAIRD The State Superior Court has upheld the right of penal gmwmii mmmws i- 1 i (I officials to charge an inmate he with prison breach when fur- fails to return from a lough. In an opinion written by lillllliil miimmmm a Judge Robert L. Jacobs, the court overruled a decision by Criminal Court Judge Albert Fiok in the case of a ''western Penitentiary inmate Vho overstayed a three-day furlough last year. Not A 'Break' During a nonjury trial last January, Fiok ruled that prison breach must be a "breaking out from a place of confinement and 'furlough' is the antithesis of confinement," He said the only thing broken by the defendant, Brooks Story 42, of Pittsburgh, was his promise to return and not the prison walls.

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Delivery fiok granted a defense motion dismissing the charge against Bey. The appeal of the ruling by the district attorney's office and the State Justice Department was heard by Superior Court last April. 1 In the unanimous opinion, Jacobs wrote, "We have no difficulty in concluding that (Bey) escaped when he failed to return from the furlough or pass granted him. He Escaped "The furlough with its direction to return was a lawful restraint imposed upon (Bey) similar to custody and when he failed to return he went beyond the limits of that restraint and escaped." "If the facts as presented are believed by a jury they are sufficient to support a i of guilty," Jacobs wrote. He directed that the case be returned to Criminal Court for trial.

However, the public defender's office, representing Bey, has indicated the intention to appeal Jacobs' ruling to Stale Supreme Court. CONVENIENT PAYMENTS MAY BE ARRANGED HA Stearns and Foster Mattresses and Box Springs. $55 each Mattresses and box springs with exclusive Stearns and Foster comfort features. Extra firm, covered with quilted 'j-inch of poly foam under a blue floral-print cover. Queen size 60x80-inch Set, $15? King size 77x80-inch 3-pc.

Set, $219 super '2-inch poly foam covered in long-wearing gold damask. Full or twin size Each, $65 Queen size Set, $179 King size Set, $249 Parachute Fall Kills Area Man Special To Th Press EASTON, Md. A Pittsburgh area midshipman at the U. S. Naval Academy plunged to his death in a skydiving accident near here.

Lance Fremd. 21. son of Mr. and Mrs. Osborne Fremd.

900 Valley View Road, Mount Lebanon, was diving at the Pelican Sports Aviation Air Field yesterday when his main parachute failed to open and backup chute became entangled, authorities said. was pronounced dead on arrival at Memorial Hospital. Fremd was a i his fourth year at Annapolis. He was a 190 graduate of Mount Lebanon High School. Besides his parents, survivors are two sisters and a brother.

Services will he at 7 p. m. tomorrow at the Naval Academy chapel and burial will he in the U. S. Naval Cemetery there.

Try Our Decorating Service Just phone 28I-IOOO, ext. 860 for complete assistance with every decorating problem from choosing a color to refurnishing your entire home. Our nationally recognized staff of interior designers will make all the satisfying suggestions at no charge phone for appointment. Jeffers son Boy Drowns A Jefferson Borough youth drowned last night in the Mo-nongahela River at West Elizabeth after he dived in and attempted to swim to a barge about .10 yards from shore. Daniel Ruffo, 15.

of 109 Coal Valley Road, was with two companions, Lynn Patterson, 14, of Clairton. and David Conklin. 15, of Jefferson Borough, when he plunged into the water and started swimming toward the barge. Before he could reach It. he called out that he was in trouble.

Patterson went to his assistance, but Ruffo sank from sight. Patterson and Conklin alerted the West Elizabeth Fire Department, and drag-. ging operations were started. Ruffo's body was recovered at about 10 p. 45 minutes after he entered the river.

li Shop Kaufmann's by phone 24 hours a day-7 days a week: 471-7000 i Hours Free Parking monday and Thursday 9 Saturday 9:30 to 6 (with purchase of $5 or more) J) tO fiuifinanris Train Wreck Kills 61 KARACHI, Pakistan (UPI) A passenger train rammed into a stalled freight train I ouisiae Karachi today, killing 61 people and injuring 63, the Pakistan Western Railway office said..

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Years Available:
1884-1992