Appeal, No. 65, Oct. T., 1956, from judgment of Court of Common Pleas No. 1 of Philadelphia County, Sept. T., 1955, No. 2431, in case of Commonwealth ex rel. Charles Dempsey v. Frank G. Martin, Warden, Eastern State Penitentiary. Judgment affirmed.
Charles Dempsey, appellant, in propria persona.
Francis A. Biunno, Victor Wright and Christopher F. Edley, Assistant District Attorneys, Vincent G. Panati, First Assistant District Attorney, Victor H. Blanc, District Attorney and James N. Lafferty, Deputy District Attorney, for appellee.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Carr, JJ.
[ 181 Pa. Super. Page 275]
This is an appeal from the order of the court below dismissing relator's petition for writ of habeas corpus.
It appears that on December 18, 1936 appellant pleaded guilty to four indictments charging entering with intent to steal and receiving stolen goods; one indictment of attempting to enter with intent to steal, two indictments of larceny of an automobile; and one indictment charging him with escape.
Relator also contends that his confinement by virtue of sentences imposed on April 21, 1947 is illegal. On
[ 181 Pa. Super. Page 276]
that date relator pleaded guilty to seven charges of armed robbery and carrying a concealed deadly weapon.
From the answer of the warden of the Eastern State Penitentiary, it appears that relator is presently confined by virtue of sentences imposed at No. 292 April Term, 1947 for armed robbery for which he received the sentence of six to twenty years, and No. 274 April Term, 1947 in which he received the sentence of six to fifteen years to run consecutively. Since the record discloses that relator is not confined by reason of any sentences imposed in 1936, his attack on the legality of those sentences will not be considered.
The court below granted a hearing on the petition for writ of habeas corpus. From the statements of relator at that hearing and from the pleadings it ...