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COMMONWEALTH EX REL. GRAHAM v. CLAUDY (TWO CASES) (10/01/52)

October 1, 1952

COMMONWEALTH EX REL. GRAHAM
v.
CLAUDY (TWO CASES)



COUNSEL

W. C. McKim, Jr., Ellwood City, for appellant.

Sherman K. Levine, Dist. Atty., Ronald E. Jones, Asst. Dist. Atty., New Castle, for appellee.

Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross, Arnold and Gunther, JJ.

Author: Rhodes

[ 171 Pa. Super. Page 563]

RHODES, President Judge.

These two appeals in habeas corpus proceedings involve identical questions, and disposition of both will be made in this opinion.

Appellants, Thomas Graham and James Graham, while on parole from the Western State Penitentiary, were arrested on September 6, 1950, and charged with the commission of two separate larcenies in Lawrence County. Bills of indictment were prepared under the Act of April 15, 1907, P.L. 62, as amended, 19 P.S. ยง 241. Both appellants waived presentment to the grand jury and pleaded guilty to the bills in open court. They

[ 171 Pa. Super. Page 564]

    admit that they were guilty of the offenses charged, and that they were familiar with the nature of the charges against them at the time they signed their guilty pleas endorsed on the bills of indictment. They also admit that they were offered counsel at the time and that they waived the right to counsel.

On September 12, 1950, the Court of Quarter Sessions of Lawrence County imposed concurrent sentences upon Thomas Graham (Nos. 181 and 182, September Sessions, 1950) to imprisonment in the Western State Penitentiary for a term of not less than three years nor more than six years 'to be computed from Sept. 6, 1950,' which was the date of arrest. On the same day identical concurrent sentences were imposed upon James Graham (Nos. 180 and 183, September Sessions, 1950).

On October 30, 1950, within the term, the court corrected the sentences so as to provide, as to each defendant, concurrent sentences of not less than two and one-half years nor more than five years in the Western State Penitentiary, 'to be computed from Sept. 6, 1950.'

On December 28, 1951, the Court of Quarter Sessions of Lawrence County directed that the sentences should be computed from the expiration of time to be served for violation of parole, and that the defendants be given credit for six days served in Lawrence County Jail.

In their separate petitions for writs of habeas corpus filed in the Court of Common Pleas of Lawrence County, appellants questioned the legality of their sentences because (1) the bills of indictment had not been signed by the district attorney, and (2) the direction of the court that the sentences be computed from the date of arrest made the ...


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