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COMMONWEALTH EX REL. WRIGHT v. BANMILLER. (03/22/61)

March 22, 1961

COMMONWEALTH EX REL. WRIGHT, APPELLANT,
v.
BANMILLER.



Appeal, No. 298, Oct. T., 1960, from order of Court of Common Pleas No. 5 of Philadelphia County, Dec. T., 1959, No. 2532, in case of Commonwealth ex rel. James J. Wright v. William J. Banmiller, Superintendent. Order affirmed.

COUNSEL

James J. Wright, appellant, in propria persona.

William H. Wolf, Jr. and Arlen Specter, Assistant District Attorneys, Paul M. Chalfin, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.

Author: Montgomery

[ 195 Pa. Super. Page 125]

OPINION BY MONTGOMERY, J.

This is an appeal from the dismissal of a petition for writ of habeas corpus. On February 5, 1960, James J. Wright, an inmate of the State Correctional Institution at Philadelphia, petitioned the Court of Common Pleas of Philadelphia County for a writ of habeas corpus. A rule to show cause was granted and an answer was filed by the superintendent of the institution. No answer was filed by the Board of Parole and it does not appear that it had notice of the rule to show cause. Relator was permitted to proceed in forma pauperis. On March 11, 1960, he appeared before Judge REIMEL and orally argued the merits of his petition. On April

[ 195 Pa. Super. Page 12614]

, 1960, the rule to show cause was discharged and the petition was dismissed.

The record discloses that on January 10, 1952, relator, represented by counsel, pleaded guilty to two of indictment at Nos. 271 and 272 March Sessions, 1951, charging him with robbery and carrying a concealed weapon. On the same day, he was sentenced on the robbery charge to a term of not less than four years nor more than ten years in the Eastern State Penitentiary.*fn1 Sentence was suspended on the charge of carrying a concealed weapon. On February 20, 1956, relator was released on parole but on October 19, 1956, he violated parole when he was charged with conspiracy to commit burglary and larceny and the commission of burglary, larceny and receiving stolen goods at Nos. 1761 and 1762 October Sessions, 1956. Upon being found guilty of burglary, larceny and conspiracy, relator, on May 27, 1957, was sentenced on bill No. 1761 to a term of not less than one year nor more than five years in the Philadelphia County Prison. Sentence on the conspiracy conviction was suspended. On appeal from the judgment of sentence on these charges, we affirmed the conviction.*fn2

On September 18, 1958, the Board of Parole granted relator parole from the sentence imposed at No. 1761 October Sessions, 1956, and ordered his return to the Eastern State Penitentiary to serve at least three years of his previous unexpired sentence as a parole violator, effective Obtober 19, 1958. The petition for writ of habeas corpus attempted to challenge the legality of this sentence.

[ 195 Pa. Super. Page 127]

In his brief, relator advanced many contentions in an attempt to show that his conviction and sentence were illegal and in violation of the due process clause of the 14th Amendment of the United States Constitution. These contentions may be summarized in three categories: (1) alleged irregularities in connection with his extradition from Washington, D.C., to Philadelphia; (2) matters involving alleged irregularities of prison administration and the Board of ...


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