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COMMONWEALTH EX REL. FIRMSTONE v. BURKE (03/16/54)

March 16, 1954

COMMONWEALTH EX REL. FIRMSTONE
v.
BURKE



COUNSEL

Nathaniel Firmstone, Graterford, in pro. per.

Daniel F. Knittle, Asst. Dist. Atty., Markin R. Knight, Dist. Atty., Williamsport, for appellee.

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

Author: Rhodes

[ 175 Pa. Super. Page 130]

RHODES, President Judge.

This is an appeal from the order of the Court of Common Pleas of Lycoming County, discharging rule and refusing relator's petition for a writ of habeas corpus.

Relator is serving a life sentence in the Eastern State Penitentiary imposed under the provisions of section 1108 of the Penal Code, Act of June 24, 1939, P.L. 872, 18 P.S. ยง 5108, and known as the Habitual Criminal Act.*fn1

Relator's relevant criminal record, which is in the Court of Oyer and Terminer and General Jail Delivery of Lycoming County, is as follows:

(1) On August 21, 1942, he pleaded guilty to a bill of indictment charging burglary at No. 78, June Sessions, 1942, and was sentenced to 45 days imprisonment in the Lycoming County Jail.

(2) On January 21, 1943, he pleaded guilty to bills at Nos. 76 and 78, December Sessions, 1942, each charging burglary, and was sentenced on each bill to concurrent sentences of four months in the Lycoming County Jail.

[ 175 Pa. Super. Page 131]

(3) On June 15, 1949, he pleaded guilty to bill at No. 23, March Sessions, 1949, charging attempted burglary, and was sentenced to fifteen months in the Allegheny County Workhouse.

(4) On September 4, 1951, he pleaded guilty to bill at No. 87, June Sessions, 1951, charging entering with intent to commit larceny, and was sentenced to two ...


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