Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross, Arnold and Gunther, JJ.
[ 171 Pa. Super. Page 549]
This is an appeal from an order denying relator's petition for a writ of habeas corpus.
Relator was originally sentenced at No. 11, October Sessions, 1936, in the Court of Quarter Sessions of York County to a term of not less than two years nor more than four years in the Eastern State Penitentiary upon his conviction of an attempt to commit burglary. The effective date of the sentence was September 14, 1936.
Relator was released on parole on September 28, 1938, at which time there remained unserved of his maximum sentence one year, eleven months and sixteen days. On December 3, 1938, he was arrested in York County for drunkenness, after which he was recommitted
[ 171 Pa. Super. Page 550]
by the Board of Parole as a parole violator. After serving twenty days on this recommitment, he was released on December 27, 1938.
On February 8, 1939, he was again arrested in York County and thereafter charged with burglary and related crimes at No. 13, April Sessions, 1939, and with arson at No. 14, April Sessions, 1939. He entered guilty pleas to both indictments, and was sentenced to serve a term of not less than five years nor more than ten years in the Eastern State Penitentiary on each bill. The court, in imposing these sentences, provided that they were 'to run concurrently and to begin at the time of his first incarceration and be in addition to his liability under the law for the breaking of his parole.'
Upon his recommitment to the penitentiary, on April 26, 1939, he was credited with the period of confinement in the York County Prison from the date of his arrest, February 8, 1939, to the date of his recommitment to the penitentiary, April 26, 1939. As of February 8, 1939, there remained unserved, as computed by the authorities, of his original maximum sentence one year, eleven months, and sixteen days. For the twenty days relator served in December, 1938, upon his recommitment as a technical parole violator, no credit was given.
On January 24, 1941, relator was reentered on the prison records as beginning to serve the concurrent sentences imposed at Nos. 13 and 14, April Sessions, 1939. Five years thereafter, on January 24, 1946, relator was again paroled. Although the prison records indicate that at such time there remained five years of relator's maximum sentence to be served, both the District Attorney of York County and the Pennsylvania Board of Parole concede that he should be credited with the twenty days served after a technical parole
[ 171 Pa. Super. Page 551]
violation. Accordingly there then remained unserved four years, eleven months and ten days of his maximum term.
On February 12, 1946, relator violated his parole by leaving the Commonwealth of Pennsylvania and going to Maryland without the permission of the parole authorities. On June 12, 1946, he was arrested in Baltimore, Maryland, on suspicion of burglary. A detainer was lodged against him with the Maryland authorities by the Pennsylvania Board of Parole. On July 8, 1946, he was convicted of burglary in Baltimore and sentenced to serve four years in the Maryland House of Correction. Upon completion of his Maryland sentence on May 29, 1949, he was returned to Pennsylvania as a convicted parole violator and recommitted to the Eastern State Penitentiary. The ...