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COMMONWEALTH EX REL. WHITE v. DAY. (07/21/55)

July 21, 1955

COMMONWEALTH EX REL. WHITE, APPELLANT,
v.
DAY.



Appeal, No. 140, Oct. T., 1955, from judgment of Court of Common Pleas No. 2 of Philadelphia County, September T., 1954, No. 8607, in case of Commonwealth of Pennsylvania ex rel. William White v. Charles G. Day, Warden, State Penitentiary. Judgment affirmed.

COUNSEL

William White, appellant, in propria persona.

Christopher F. Edley, Assistant District Attorney, with him Victor Wright, Assistant District Attorney, and Samuel Dash, Acting District Attorney, for appellee.

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

Author: Ervin

[ 178 Pa. Super. Page 492]

OPINION BY ERVIN, J.

This is an appeal by the relator from the judgment of the Court of Common Pleas No. 2 of Philadelphia County dismissing his petition for writ of habeas corpus.

Relator was tried on December 16, 1946 in the Court of Quarter Sessions of Philadelphia County and was placed on probation for a period of five years after entering guilty pleas to bills of indictment (Nos. 623-625, December Sessions, 1946), charging him with burglary and receiving stolen goods. On July 17, 1950, while on probation, relator was convicted of aggravated assault and battery by the Court of Quarter Sessions of Philadelphia County (bill of indictment No. 864, June Sessions, 1950) and sentenced to the Pennsylvania Industrial School at Camp Hill for an indefinite period, sentence to be computed from July 6, 1950. Judge KUN, before whom relator had been tried on the charges of burglary and receiving stolen goods, thereupon revoked relator's probation and on July 28, 1950 committed him to the Pennsylvania Industrial School at Camp Hill for an indefinite period.

[ 178 Pa. Super. Page 493]

Relator was paroled from the Industrial School on February 13, 1952. He was subsequently declared a delinquent by the Board of Parole as of September 25, 1952 for absenting himself from supervision and was arrested in April, 1954 and returned to the Industrial School as a technical parole violator with a maximum term expiring February 25, 1972. On October 25, 1954 relator was transferred to the State Penitentiary at Graterford, Pennsylvania.

Relator contends the Pennsylvania Board of Parole has "transcended its jurisdiction" in extending his maximum sentence to twenty years because the probationary period on the burglary charge has expired and he has served the maximum term on the assault and battery charge.

As stated by the learned hearing judge: "Petitioner's entire case falls on his averment that probationary period has expired." On July 28, 1950, the trial judge on bills 623-625, December Sessions, 1946, issued a decree revoking relator's probation on the ground that he had been convicted on the charge of assault and battery while on probation, and at the ...


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