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COMMONWEALTH v. MOUNT (01/20/53)

January 20, 1953

COMMONWEALTH
v.
MOUNT



COUNSEL

John Mount, in pro. per.

Samuel Dash, Asst. Dist. Atty., Michael von Moschzisker, First Asst. Dist. Atty., and Richardson Dilworth, Dist. Atty., Philadelphia, for appellee.

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

Author: Rhodes

[ 172 Pa. Super. Page 259]

RHODES, President Judge.

Appellant, John Mount, alias John Murphy, filed a petition in the Court of Quarter Sessions of Philadelphia County for rule to show cause why the docket entries at Nos. 887 and 888, April Sessions, 1940,

[ 172 Pa. Super. Page 260]

    should not be corrected. Rule was granted and a hearing was held before Judge Kun at which appellant was present. The petition was dismissed, and appellant has appealed to this Court.

The docket entry of the Court of Quarter Sessions at No. 887, April Sessions, 1940, as it relates to appellant, is as follows:

'Sept. 6, 1940 -- Present Hon.

Harry S. McDevitt

Same day, defendant John Murphy present and being arraigned, pleads Not Guilty. District Attorney Sim et issue Same day, defendants Ray Cobb and John Murphy withdraw their pleas of Not Guilty and plead Guilty. Same day, defendant John Murphy present, the Court order and adjudge that defendant John Murphy undergo imprisonment at separate and solitary confinement in the Eastern State Penitentiary for a term of not less than ten (10) years nor more than twenty (20) years to be computed from June 26, 1940.'

A similar docket entry at No. 888, April Sessions, 1940, recited that appellant was sentenced to the same institution for a term of not less than five years nor more than ten years to ...


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