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COMMONWEALTH EX REL. YOUNG v. DAY. (01/17/56)

January 17, 1956

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



Appeal, No. 293, Oct. T., 1955, from order of Court of Common Pleas of Schuylkill County, May T., 1955, No. 383, in case of Commonwealth of Pennsylvania ex rel. Daniel Young v. Charles G. Day, Warden, State Penitentiary, Graterford. Order affirmed.

COUNSEL

Daniel Young, appellant, in propria persona, submitted a brief.

Joseph S. Lilienthal, Assistant District Attorney, with him Robert M. Harris, District Attorney, for appellee.

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

Author: Woodside

[ 180 Pa. Super. Page 277]

OPINION BY WOODSIDE, J.

This is an appeal from the refusal of the Court of Common Pleas of Schuylkill County to grant a writ of habeas corpus to the relator, a prisoner at the State Penitentiary at Graterford.

The relator questions the power of the sentencing judge to revoke a sentence and impose another which increases the penalty, even though done within the same term of court.

[ 180 Pa. Super. Page 278]

The petition was properly dismissed as repetitious of a previous petition which had been refused and from which no appeal was taken. Furthermore it is without merit.

President Judge PALMER sentenced relator on a number of charges of burglary and larceny only two of which are involved in this case.

January 11, 1952 he sentenced relator in No. 100 January Term, 1952 to imprisonment in the Schuylkill County Prison for a term of five to ten years to be computed from the date of commitment, and in No. 101 January Term, 1952 to imprisonment in the Schuylkill County Prison for a term of five to ten years to run concurrent with the sentence in No. 100 January Term.

February 25, 1952, before the expiration of the term of court in which the above sentences were imposed, Judge PALMER called the relator before him; revoked the aforesaid sentences; and, in No. 100 January Term sentenced him to a five to ten year term in the Eastern State Penitentiary to be computed from the date of commitment, and in No. 101 January Term sentenced him to a five to ten year ...


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