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COMMONWEALTH PENNSYLVANIA EX REL. ABRAHAM LYONS v. CHARLES G. DAY (01/14/55)

January 14, 1955

COMMONWEALTH OF PENNSYLVANIA EX REL. ABRAHAM LYONS
v.
CHARLES G. DAY, WARDEN, STATE PENITENTIARY AT GRATERFORD, APPELLANT



Appeal, No. 36, Oct. T., 1955, from order of Court of Common Pleas No. 1 of Philadelphia County, June T., 1954, No. 1699, in case of Commonwealth of Pennsylvania ex rel. Abraham Lyons v. Charles G. Day, Warden. Order reversed.

COUNSEL

Frank P. Lawley, Jr., Deputy Attorney General, with him Abraham J. Levy, Special Deputy Attorney General and Frank F. Truscott, Attorney General, for respondent, appellant.

W.J. Woolston, for relator, appellee.

Samuel Dash, First Assistant District Attorney, with him Richardson Dilworth, District Attorney, in propria persona, for District Attorney, under Rule 46.

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

Author: Rhodes

[ 177 Pa. Super. Page 393]

OPINION BY RHODES, P.J.,

This is an appeal from the order of the Court of Common Pleas No. 1 of Philadelphia County granting

[ 177 Pa. Super. Page 394]

    a writ of habeas corpus and discharging relator who was originally given a general sentence on a burglary conviction to the Pennsylvania Industrial School at Camp Hill. The determinative question is whether the Legislature intended the Act of July 29, 1953, P.L. 1447, § 1, further amending sections 4 and 6 of the Act of April 28, 1887, P.L. 63, 61 PS § 485, and limiting the duration of a general sentence to the Pennsylvania Industrial School to six years, to apply retroactively to prisoners sentenced to the Industrial School prior to the effective date of the amendment.

Relator was found guilty in the Court of Quarter Sessions of Philadelphia County upon a bill of indictment, No. 602, January Sessions, 1946, charging burglary, and he was sentenced by the court to the Pennsylvania Industrial School at Camp Hill, sentence to be computed from January 19, 1946. On April 3, 1948, he was released on parole, but he was recommitted to the Industrial School for technical parole violation on August 17, 1950. The record shows relator was reparoled on December 28, 1951, and again recommitted to the Industrial School on January 17, 1953. Under the applicable statute he was transferred to the State Penitentiary at Graterford on February 28, 1953, where he is presently confined. He would be required to remain in custody under his present sentence until January 19, 1966, the expiration of the twenty-year maximum term for burglary, unless sooner released by the Pennsylvania Board of Parole.

Relator filed the present petition for writ of habeas corpus in the court below on June 21, 1954. The court granted a rule to show cause, and an answer was filed by respondent. After hearing, the court below granted the writ and ordered relator discharged. ...


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