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SCASSERRA v. COMMONWEALTH. (11/16/55)

November 16, 1955

SCASSERRA, APPELLANT,
v.
COMMONWEALTH.



Appeals, Nos. 6 and 7, March T., 1956, from orders of Court of Oyer and Terminer of Dauphin County, No. 6, Sept. T., 1951, in case of Philip Scasserra v. Commonwealth of Pennsylvania. Orders affirmed.

COUNSEL

Philip Scasserra, appellant, in propria persona.

Huette F. Dowling, District Attorney, and Richard D. Walker, Assistant District Attorney, for appellee.

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

[ 180 Pa. Super. Page 17]

OPINION PER CURIAM

Some of the background of appellant's repeated attempts*fn1 to escape service of his sentences may be found in prior appeals to this Court. See Com. ex rel. Scasserra v. Keenan, 175 Pa. Superior Ct. 636, 106 A.2d 843; Com. ex rel. Scasserra v. Keenan, 175 Pa. Superior Ct. 443,

[ 180 Pa. Super. Page 18106]

A.2d 842; Com. ex rel. Scasserra v. Maroney, 179 Pa. Superior Ct. 150, 115 A.2d 912.

Appellant has appealed from the orders of the Court of Oyer and Terminer of Dauphin County dismissing two petitions: (1) Petition for credit of jail time on sentence at No. 6, September Sessions, 1951 (No. 6, March Term, 1956); (2) petition for correction of date of computation of sentence at No. 6, September Sessions, 1951 (No. 7, March Term, 1956). Each of these petitions was filed at the original number and term to which bill of indictment, charging burglary,*fn2 appellant, being represented by counsel, pleaded guilty on August 4, 1952. On that day he was sentenced by the court to serve a term of not less than two years nor more than four years in the Eastern State Penitentiary; said sentence to commence and be computed from the expiration of the sentence appellant was then serving in the Allegheny County Workhouse.

Appellant's present contention is that his sentence at No. 6, September Sessions, 1951, should begin and be computed from July 26, 1951, and that he is entitled to credit on such sentence from the time he had been incarcerated subsequent to that date.

Appellant relies on the Act of May 28, 1937, P.L. 1036, §§ 1, 2, 19 PS §§ 894, 895, which provides as follows:

"Section 1. ... That from and after the passage of this act, all sentences for criminal offenses of persons who at the time sentence is imposed are held in custody in default ...


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