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COMMONWEALTH EX REL. SPADER v. MYERS. (09/12/61)

September 12, 1961

COMMONWEALTH EX REL. SPADER, APPELLANT,
v.
MYERS.



Appeal, No. 145, Oct. T., 1961, from order of Court of Common Pleas No. 4 of Philadelphia County, June T., 1960, No. 387, in case of Commonwealth ex rel. Albert Spader v. David N. Myers, Superintendent. Appeal dismissed.

COUNSEL

Albert Spader, appellant, in propria persona.

William H. Wolf, Jr. and Arlen Specter, Assistant District Attorneys, Paul M. Chalfin, First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.

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

Author: Rhodes

[ 196 Pa. Super. Page 24]

OPINION BY RHODES, P.J.

This is an appeal by relator from an order of Court of Common Pleas No. 4 of Philadelphia County dismissing his petition for a writ of habeas corpus which was filed on June 15, 1960.

On January 3, 1940, relator, who was represented by counsel, pleaded guilty to five bills of indictment (Nos. 833, 834, 835, 836, 837, December Sessions, 1939), one bill charging assault with intent to rob, three bills charging assault with intent to kill three different police officers, and one bill charging the carrying of concealed deadly weapons and firearms without a license. Sentences were imposed on the five bills as follows: No. 833, charging robbery, not less than ten years nor more than twenty years; No. 834, charging assault with intent to kill, not less than three years nor more than six years; similar sentence on No. 835 and No. 836;

[ 196 Pa. Super. Page 25]

    and one and a half to three years on No. 837; each sentence to run consecutively with the preceding sentence. The aggregate sentence was a minimum of not less than twenty and one-half years, and a maximum of forty-one years, to be computed from December 30, 1939. The minimum would expire on June 30, 1960, and the maximum on December 30, 1980.

Testimony taken on his guilty pleas showed that relator held up and robbed, at gun point, the ticket agent of a midtown bus station in Philadelphia on December 18, 1939. Prior to his capture in the men's room of a nearby bus station, relator fired three shots at three or more policemen who were pursuing him.

Relator has made numerous attacks on the validity of his convictions and sentences in both the state and federal courts.*fn1

On March 18, 1952, the Governor, through the action of the Board of Pardons, commuted relator's minimum sentence of twenty and one-half years to a new minimum of twelve years and three months. Relator was released from prison on parole on May 29, 1952, two months after the expiration of his minimum commuted sentence. At the time of his release on parole, relator had twenty-eight years, seven months and one day of the unexpired maximum sentence to serve. On May 13, 1957, relator was arrested in New Brunswick, New Jersey. On October 18, 1957, relator became a convicted parole violator when he pleaded non vult to the ...


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