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LAMBERT v. COM.

Record No. 1251-86-2.

367 S.E.2d 745 (1988)

Emerson Woodrow LAMBERT v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

May 3, 1988.

Attorney(s) appearing for the Case

Thomas L. Northam (Cowan & Owen, Richmond, on brief), for appellant.

Marla Lynn Graff, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BENTON, COLE and COLEMAN, JJ.

COLEMAN, Judge.

A furloughed prisoner who fails to return to prison at the appointed time may be guilty of a felony or a misdemeanor.1 In the trial of Emerson Lambert, who failed to return to prison after his furlough, the trial judge ruled that Code § 53.1-37(D) creates a presumption that the prisoner has committed a felony when he or she fails to return at the appointed time.

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