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PENNSYLVANIA EX REL. GIBBS v. ASHE

October 11, 1950

COMMONWEALTH OF PENNSYLVANIA ex rel. GIBBS
v.
ASHE et al.



The opinion of the court was delivered by: GOURLEY

This proceeding involves application for leave to file a forma pauperis petition for writ of habeas corpus, and the request for issuance of the rule thereon to show cause why the petitioner should not be discharged from the custody of the law.

In passing upon the question, consideration has been given to the allegations in the petition and judicial knowledge will be taken of all records in the state and federal jurisdictions. Trust Co. of Chicago v. Pennsylvania R.R. Co., 7 Cir., 183 F.2d 640.

The detailed matters which have been considered are as follows:

 (a) The allegations of fact set forth in the petition

 (c) Records of the Superior Court of the Commonwealth of Pennsylvania.

 (d) Records of the Supreme Court of the Commonwealth of Pennsylvania.

 (e) Records of the Supreme Court of the United States.

 Pending sentence at 7 February Sessions, 1947, Crawford County, Pennsylvania, for the crime of burglary, defendant was remanded to jail. While awaiting sentence defendant broke jail and escaped. He was charged with larceny of an automobile, stolen the same day that he broke prison. He went to a parking lot and stole a Chevrolet sedan to aid him in making his escape. He was arrested in Jefferson, Ashtabula County, Ohio, on the 24th day of February, 1947, and was returned the same day to the Crawford County Jail, Meadville, Pennsylvania. On February 25, 1947, defendant was sentenced as follows:

 (a) 7 Feb. Sessions, 1947- Charge- burglary; to serve not less than five nor more than ten year sentence in the Western State Penitentiary, effective from November 4, 1946.

 (b) 8 May Sessions, 1947- Charge- larceny of motor vehicle; to serve not less than two and one-half nor more than five years in the Western State Penitentiary. This sentence to be computed from the expiration date of sentence imposed at 7 Feb. Sessions, 1947.

 (c) 7 May Sessions, 1947- Charge- prison breach; to serve not less than five nor more than ten years, to commence at expiration of sentence imposed at 8 May Sessions, 1947.

 This sentence was modified by the Superior Court of Pennsylvania 24 April Term, 1949, to undergo imprisonment for a term not less than two and one-half years, nor more than five years, to be computed from the expiration date of sentence imposed at 8 Feb. Sessions, 1947. Commonwealth ex rel. Gibbs v. Ashe, 165 Pa.Super. 35, 67 A.2d 773.

 Petitioner has previously submitted the following applications for a writ of habeas corpus, which ...


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