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COMMONWEALTH EX REL. ROGERS v. HARRIS. (01/17/56)

January 17, 1956

COMMONWEALTH EX REL. ROGERS, APPELLANT,
v.
HARRIS.



Appeal, No. 148, Oct. T., 1955, from order of Court of Quarter Sessions of Schuylkill County, Jan. T., 1955, No. 31, in case of Commonwealth ex rel. Joseph Rogers v. Robert M. Harris. Order affirmed, as modified.

COUNSEL

Joseph Rogers, appellant, in propria persona.

C. J. Friedberg, Assistant District Attorney, with him R. M. Harris, District Attorney and D. W. Bechtel, First Assistant District Attorney, for appellee.

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

Author: Rhodes

[ 180 Pa. Super. Page 325]

OPINION BY RHODES, P.J.

This appeal by relator is from an order dismissing his petition for writ of habeas corpus.

The petition was filed on November 16, 1954,*fn1 and, although it was captioned in the Court of Common Pleas of Schuylkill County, it was inadvertently marked filed in the court of quarter sessions. Answer was filed thereto by the District Attorney of Schuylkill County. We shall treat the appeal the same as if the proceeding had been properly docketed in the court of common pleas and disposed of therein, as it should have been. Act of May 25, 1951, P.L. 415, § 1, 12 PS § 1901.

The real purpose of the application for the writ was to make a sentence imposed by the Court of Oyer and Terminer of Schuylkill County on January 17, 1949 (No. 324, May Term, 1948),*fn2 on a conviction for armed

[ 180 Pa. Super. Page 326]

    robbery, for a term of imprisonment of not less than ten years nor more than twenty years in the Eastern State Penitentiary, concurrent with a sentence imposed by the Court of Oyer and Terminer of Lackawanna County on November 29, 1948 (No. 7, May Term, 1948), for a similar term and for a similar offense.

Relator's contentions are that the Act of May 28, 1937, P.L. 1036, § 1, 19 PS § 894, requires the sentence imposed by the Court of Oyer and Terminer of Schuylkill County to begin on March 4, 1948, when he was first committed to the Schuylkill County prison; and that the sentence being directed to commence at the expiration of sentences theretofore imposed was illegal.*fn3 Our decision is confined to the question raised on this appeal.

Relator was arrested in Schuylkill County on March 3, 1948, and charged with armed robbery. He was committed to the Schuylkill County prison in default of bail on March 4, 1948. On March 8, 1948, he was removed to Lackawanna County as he was charged with the commission of armed robberies in that county. It appears that his removal to Lackawanna County from the ...


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