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COMMONWEALTH EX REL. JEFFERSON v. PENNSYLVANIA BOARD PAROLE. (06/29/60)

June 29, 1960

COMMONWEALTH EX REL. JEFFERSON, APPELLANT,
v.
PENNSYLVANIA BOARD OF PAROLE.



Appeal, No. 50, May T., 1960, from judgment of Court of Common Pleas of Dauphin County, No. 381 Commonwealth Docket, 1959, in mandamus, in case of Commonwealth of Pennsylvania ex rel. Robert Jefferson v. The Pennsylvania Board of Parole et al. Judgment affirmed.

COUNSEL

Robert Jefferson, appellant, in propria persona.

Frank P. Lawley, Jr., Deputy Attorney General, and Anne X. Alpern, Attorney General, for Commonwealth, appellee.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.

Author: Eagen

[ 400 Pa. Page 594]

OPINION BY MR. JUSTICE EAGEN.

The appellant instituted an action in mandamus in Dauphin County against the Board of Parole of the Commonwealth of Pennsylvania. The defendants filed a demurrer to the complaint which the lower court sustained.

[ 400 Pa. Page 595]

From the dismissal of the action, this appeal was prosecuted.

The facts are as follows:

On January 10, 1945, the appellant after conviction by plea to the crime of "Indecent Exposure and Open Lewdness" (Bill No. 107 Jan. Term, 1945)in the Court of Quarter Sessions of Philadelphia County was sentenced to imprisonment for one year in the Philadelphia House of Correction.

On March 1, 1945, after conviction of the crimes of burglary and receiving stolen goods (Bill No. 498 July Term, 1944) in the Court of Oyer and Terminer of Philadelphia County, appellant was sentenced to a term of six months to ten years in the Eastern State Penitentiary, to begin upon the expiration of the sentence imposed on Bill 107, referred to above.

On March 19, 1945, appellant escaped from the House of Correction and travelled to the State of Michigan wherein he was convicted of crime and sentenced to prison. Upon his release, he was returned to Pennsylvania on or about July 15, 1948, and committed to the Eastern State Penitentiary to begin the sentence ...


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