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COMMONWEALTH EX REL. CZARNECKI v. STITZEL. (07/21/55)

July 21, 1955

COMMONWEALTH EX REL. CZARNECKI, APPELLANT,
v.
STITZEL.



Appeal, No. 201, Oct. T., 1953, from order of Court of Common Pleas of Berks County, Feb. T., 1953, No. 64, in case of Commonwealth of Pennsylvania ex rel. John W. J. Czarnecki v. Lewis S. Stitzel, Warden, Berks County Prison.Order affirmed.

COUNSEL

Herbert L. Maris, with him John W. J. Czarnecki, in propria persona, for appellant.

Edward Youngerman, District Attorney, for appellee.

Before Rhodes, P.j., Ross, Gunther, Wright, Woodside, and Ervin, JJ. (hirt, J., absent).

Author: Woodside

[ 179 Pa. Super. Page 81]

OPINION BY WOODSIDE, J.

This is an appeal from the order of the Court of Common Pleas of Berks County dismissing the relator's petition for a writ of habeas corpus through which he seeks to be discharged from his imprisonment. The order was made by the court after a hearing was held by Judge MAYS on the allegations contained in the petition.

In 1941 relator was sentenced to serve 5 to 20 years in the Berks County Prison on charges of burglary, larceny and receiving stolen goods. He pleaded guilty and was not represented by counsel. There is no suggestion that he was not guilty. He was 16 years old at the time. The court hearing the petition for a writ of habeas corpus found that the petitioner "when a boy was involved in many, many thefts, the taking of moneys, personal property from automobiles, blackjacks, handcuffs, knives, etc. He as a juvenile was put upon probation upon a number of occasions by The Honorable PAUL N. SCHAEFFER."

There was evidence at the hearing that when he was first called for sentence the case was postponed that the court might investigate it further. The evidence

[ 179 Pa. Super. Page 82]

    indicates that the relator admitted being involved in 40 or 41 burglaries although bills were drawn on only 6 or 8.

Two other defendants connected with relator were sentenced at the same time, one to 10 to 20 years in the penitentiary, the other to the Pennsylvania Industrial School. (If the one sentenced to the Industrial School was charged with the same offenses his maximum sentence under the law was 20 years).

After serving five years the relator was released on parole August 11, 1946, but was recommitted as a parole violator in November 1950, when he was apprehended in the act of cracking a safe. For this he pleaded guilty to a charge of burglary and was sentenced to a minimum of two and ...


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