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COMMONWEALTH EX REL. DUGAN v. DAY. (03/26/56)

March 26, 1956

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



Appeal, No. 196, April T., 1955, from order of Court of Common Pleas of Allegheny County, Oct. T., 1954, No. 2273, in case of Commonwealth ex rel. Raymond Dugan v. Charles G. Day, Warden, Eastern State Penitentiary. Order affirmed.

COUNSEL

Ezra C. Stiles, Jr., with him Raymond Dugan, in propria persona, for appellant.

Albert A. Fiok, Assistant District Attorney, with him James F. Malone, Jr., District Attorney, for appellee.

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

Author: Woodside

[ 180 Pa. Super. Page 644]

OPINION BY WOODSIDE, J.

This is an appeal from an order of the Court of Common Pleas of Allegheny County refusing to grant a writ of habeas corpus to a convict serving a life sentence imposed pursuant to the Act of April 29, 1929, P.L. 854, 19 PS § 921 et seq. repealed and reenacted as amended by the Act of June 24, 1939, P.L. 872, § 1201 and § 1108, 18 PS § 5108.

Court reports are full of this case. We shall not repeat the details of the appellant's record related in his numerous reported cases which can be found in Com. ex rel. Dugan v. Ashe, 338 Pa. 541, 13 A.2d 523 (1940); 342 Pa. 77, 19 A.2d 461 (1941); 314 U.S. 610, 62 S.Ct. 69, 86 L.Ed. 491 (1941); 314 U.S. 712, 62 S.Ct. 294, 86 L.Ed. 567 (1941); 151 Pa. Superior Ct. 506, 30 A.2d 655 (1943); 347 Pa. 588, 33 A.2d

[ 180 Pa. Super. Page 64532]

(1943); 57 F.Supp. 158 (1944); 155 F.2d 17 (1945). For unreported habeas corpus case of the appellant see 2571 July Term 1952, Court of Common Pleas of Allegheny County.

Appellant's record can be summarized as follows: He was sentenced to the Huntingdon Reformatory for two offenses of larceny and felonious entry of a building. After being paroled he committed four robberies and a second degree murder for which he was sentenced to the penitentiary. After serving nine years and two months he had his minimum sentence commuted and was paroled. After being recommitted for violation of parole and later reparoled he committed three additional robberies. For these Judge J. FRANK GRAFF specially presiding in Allegheny County on January 20, 1939 sentenced him to a total of 40 to 80 years, plus back time for parole violation of 22 years and 9 months, and to life imprisonment.

The Pennsylvania Supreme Court in 338 Pa. 541 (1940) upon the request of appellant vacated the sentences imposing the 40 to 80 years and the back time. This could be requested and done only upon the theory that the life sentence was valid.

The appellant then attempted to have the life sentence set aside on the ground that no information with notice as required by the Act of 1929, supra, was filed against him. This the Pennsylvania Supreme Court refused to do in 342 Pa. 77 (1941), and the ...


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