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COMMONWEALTH EX REL. WILLIAMSON v. BURKE (11/12/52)

November 12, 1952

COMMONWEALTH EX REL. WILLIAMSON
v.
BURKE



COUNSEL

Victor E. Williamson pro per.

Markin R. Knight, Dist. Atty., Williamsport, Frank P. Lawley, Jr., Asst. Deputy Atty. Gen., Randolph C. Ryder, Deputy Atty. Gen., Robert E. Woodside, Atty. Gen., for appellee.

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

Author: Rhodes

[ 172 Pa. Super. Page 41]

RHODES, President Judge.

Relator filed his petition for writ of habeas corpus in the Court of Common Pleas of Lycoming County. He has appealed from the dismissal of his petition.

On January 21, 1943, relator was sentenced generally to the Pennsylvania Industrial School at Camp Hill by the Court of Quarter Sessions of Lycoming County after entering guilty pleas to three bills of indictment (Nos. 54, 55, and 56, December Sessions, 1942), charging burglary and larceny.

On April 10, 1944, he was released on parole. While on parole he pleaded guilty in the Court of Quarter Sessions of Lycoming County to a bill of indictment charging burglary (No. 9, December Sessions, 1944). For this crime he was sentenced on December 29, 1944, to the Eastern State Penitentiary*fn1 for a term of not less than one year nor more than two years, effective November 24, 1944. At the expiration of the maximum term of such sentence on November 24, 1946, he was again paroled on the previous sentence to the Pennsylvania Industrial School. On August 25, 1948, he was declared delinquent and thereafter he was recommitted to the Pennsylvania Industrial School as a technical parole violator. On November 12, 1948, he was transferred to the Eastern State Penitentiary pursuant to the provisions of section 10 of the Act of April 28, 1887, P.L. 63, 61 P.S. § 495,*fn2 and section 6 of the Act of June 21, 1937, P.L. 1944, as amended by the Act of March 26, 1945, P.L. 60, § 4, 61 P.S. § 545-6. See,

[ 172 Pa. Super. Page 42]

    also, Act of April 9, 1929, P.L. 177, § 2311, as amended, 71 P.S. § 601. Cf. sections 1 and 4 of the Act of July 11, 1923, P.L. 1044, as amended, 61 P.S. §§ 72, 75; Com. ex rel. Radziewicz v. Burke, 169 Pa. Super. 263, 82 A.2d 252.

On July 13, 1950, he was reparoled. On June 22, 1951, he was arrested in Maryland as a technical parole violator and returned to the Eastern State Penitentiary to which he had been transferred and where he is now confined. He has been allowed credit for the entire time while on parole and while delinquent on parole. His maximum sentence will expire on January 21, 1963.

The facts are not in dispute, and the questions which relator submits are without merit. In large part they have been decided adversely to him by previous decisions of this Court, or are determined by the statutory law.

In the first place, the Pennsylvania Board of Parole has exclusive power to parole and reparole, commit and recommit for violations of parole, and to discharge from parole all persons sentenced by any court in this Commonwealth to imprisonment in any prison or penal institution thereof, except those sentenced for a maximum period of less than two years. This is applicable to those sentenced to the Pennsylvania Industrial School at Camp Hill. The following are the relevant statutory enactments: Section 6 of the Act of April 28, 1887, P.L. 63, 61 P.S. § 485;*fn3 sections 5 and 6 of the Act of June 21, 1937, P.L.1944, 61 P.S. §§ 545-5, 545-6; sections 17 and 31 of the Act of ...


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