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COMMONWEALTH EX REL. HALLMAN v. TEES (07/13/54)

: July 13, 1954.

COMMONWEALTH EX REL. HALLMAN
v.
TEES



COUNSEL

Robert S. Hallman, in pro. per.

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

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

[ 175 Pa. Super. Page 449]

PER CURIAM.

This appeal is from an order of the Court of Common Pleas No. 4 of Philadelphia County (No. 8480,

[ 175 Pa. Super. Page 450]

June Term, 1953) dismissing relator's petition for writ of habeas corpus. This is a belated proceeding instituted by relator nearly thirty years after his trial and conviction of which he now complains.

Relator and three others were arrested on March 19, 1924, and charged with armed robbery. Relator was indicted and tried on April 11, 1924, in the Court of Oyer and Terminer of Philadelphia County on bills of indictment Nos. 1020, 1022, 1024, March Sessions, 1924. He pleaded not guilty to the three bills of indictment, and after a jury trial was found guilty. He was sentenced by the Honorable James G. Gordon, Jr., on bill No. 1024, to the Eastern State Penitentiary, for a term of not less than ten years nor more than twenty years; on bill No. 1022 for a term of not less than ten years nor more than twenty years, said sentence to begin at the expiration of sentence on bill No. 1024; on bill no. 1020 for a term of not less than five years nor more than twenty years, said sentence to begin at expiration of sentence on bill No. 1022. The total time to be served was not less than twenty-five years nor more than sixty years.

On April 5, 1937, relator was released on parole. Thereafter, on October 18, 1939, relator, in the same court, pleaded not guilty to bill of indictment No. 625, August Sessions, 1939, charging entering with intent to steal, larceny, and receiving stolen goods. He was tried and found guilty. On April 7, 1941, relator was sentenced to the Eastern State Penitentiary for a term of not less than ten years nor more than twenty years; this sentence was amended on March 20, 1947, to not less than five years nor more than ten years. Relator on October 18, 1939, also pleaded guilty to bill of indictment No. 591, September Sessions, 1939, charging prison breach. Sentence was imposed on May 2, 1941,

[ 175 Pa. Super. Page 451]

    for a term of not less than five years nor more than ten years.

Relator seeks to invalidate the original sentences from which he was paroled. He has been returned to the institution twice as a parole violator. Had he behaved himself after parole he would not be obliged to serve the balances of such sentences. Relator is presently serving the unexpired balances of sentences on bills Nos. 1020, 1022, and 1024, which, according to the answer of the Warden of the Eastern State Penitentiary, will expire August 14, 1959.

After hearing on the petition for writ of habeas corpus at which relator was present and testified, the petition was dismissed, writ refused, and relator ...


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