Appeal, No. 115, October T., 1955, from order of Court of Common Pleas of Centre County, Dec. T., 1954, No. 152, in case of Commonwealth ex rel. Arlington P. Hellinger v. C. G. Day, Warden, State Penitentiary, Graterford, Pennsylvania. Order affirmed.
Arlington P. Hellinger, in propria persona, appellant.
John R. Miller, District Attorney, for appellee.
Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside and Ervin, JJ.
[ 178 Pa. Super. Page 233]
This is an appeal from an order of the Court of Common Pleas of Centre County discharging the rule and dismissing the petition for a writ of habeas corpus.
Arlington P. Hellinger, the relator, was sentenced by the Court of Oyer and Terminer of Lancaster County on December 1, 1950 to serve a term of not less than four, nor more than eight years in the Eastern State Penitentiary on a charge of rape. On March 14, 1951 he was transferred to the Rockview Branch of the Western State Penitentiary, Bellefonte, Pennsylvania. He escaped from the Rockview Prison Farm on August 16, 1951 but was apprehended approximately one year later at Marietta, Ohio.
On August 18, 1952 relator entered a plea of guilty to the crime of prison breach and escape and was sentenced by the court below to a term of not less than three and one-half years nor more than seven years,
[ 178 Pa. Super. Page 234]
to be computed from the expiration of the sentence imposed by the Court of Oyer and Terminer of Lancaster County to No. 102, September Sessions, 1950.
Relator's petition for writ of habeas corpus was filed with the court below on October 22, 1954. A rule to show cause was granted on November 5, 1954 returnable November 29, 1954, but the court below did not require the presence of the petitioner at the hearing as the sole question raised by the petition was a matter of law. An answer was filed by the District Attorney of Centre County on November 10, 1954. The court below, in an opinion filed December 1, 1954, discharged the rule and dismissed the petition. This appeal followed.
The sole question raised by the relator is stated in his petition as follows: "This is a petition for a writ of habeas corpus in which relator avers that the sentence imposed upon him was ...