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COMMONWEALTH EX REL. WOYDAKOWSKI v. BURKE ET AL. APPEAL WOYDAKOWSKI (07/13/54)

July 13, 1954

COMMONWEALTH EX REL. WOYDAKOWSKI
v.
BURKE ET AL. APPEAL OF WOYDAKOWSKI



COUNSEL

Edward A. Woydakowski, in pro. per. for appellant.

Ralph P. Needle, Asst. Dist. Atty., Carlon M. O'Malley, Dist. Atty., Scranton, for appellee.

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

Author: Rhodes

[ 175 Pa. Super. Page 519]

RHODES, President Judge.

This is an appeal from an order of the Court of Common Pleas of Lackawanna County refusing relator's

[ 175 Pa. Super. Page 520]

    petition for a rule to show cause why a writ of habeas corpus should not issue.

Relator was indicted, tried, and convicted of receiving stolen goods on several bills of indictment in the Court of Quarter Sessions of Lackawanna County, and was sentenced by that court to undergo simple imprisonment in the Lackawanna County Jail for definite or fixed terms aggregating eight years.*fn1 The sentences imposed were effective as of October 17, 1945.

While serving these sentences in the Lackawanna County Jail, the relator was indicted for an attempted prison breach and for conspiracy to break prison. On February 23, 1948, relator, on these latter convictions, was sentenced as follows: On the charge of attempted prison breach to four years simple imprisonment in the Lackwanna County Jail, the sentence to commence at the expiration of the sentences previously imposed on the convictions of receiving stolen goods; on the charge of conspiracy to break prison, relator was sentenced to imprisonment in the Eastern State Penitentiary for an indefinite or indeterminate term of one to two years, this sentence to commence upon the expiration of all the previous sentences to the Lackawanna County Jail.

Relator was removed to the Eastern State Penitentiary because of his misconduct, as permitted by the Act of July 11, 1923, P.L. 1044, as amended, 61 P.S. ยง 72. See Com. ex rel. Radziewicz v. Burke, 169 Pa. Super. 263, 82 A.2d 252.

As the record stands, relator is under sentences to the Lackawanna County Jail aggregating twelve consecutive years to be ...


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