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COMMONWEALTH EX REL. PITTS v. MYERS (11/16/61)

November 16, 1961

COMMONWEALTH EX REL. PITTS
v.
MYERS, APPELLANT.



Appeal, No. 305, Oct. T., 1961, from order of Court of Common Pleas No. 2 of Philadelphia County, Sept. T., 1960, No. 4004, in case of Commonwealth ex rel. Charles Pitts v. David N. Myers, Superintendent. Order reversed.

COUNSEL

Frank P. Lawley, Jr., Deputy Attorney General, and David Stahl, Attorney General, for Commonwealth, appellant.

No argument was made nor brief submitted for appellee.

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

Author: Rhodes

[ 196 Pa. Super. Page 278]

OPINION BY RHODES, P.J.

Relator, while serving a term of not less than eleven months nor more than twenty-three months in the Delaware County Prison, was released to the authorities in Philadelphia County to be tried on a bill of indictment charging larceny. He was convicted on this charge, and, on December 15, 1958, was sentenced to a term of not less than two years nor more than five years, effective from the date of sentence. He was immediately returned from the Eastern Correctional Diagnostic and

[ 196 Pa. Super. Page 279]

Classification Center to the Delaware County Prison to complete his term there. He was paroled from the Delaware County Prison on October 7, 1959, and delivered on that date to the Eastern Correctional Diagnostic and Classification Center with subsequent transfer to the State Correctional Institution at Graterford.

The Department of Justice advised the State Correctional Institution that the effective date of the Philadelphia sentence should be the date of commitment after parole from the Delaware County Prison, and in accordance with this advice the institution records now list October 7, 1959, as the effective date of relator's Philadelphia sentence.*fn1

Relator filed a petition for writ of habeas corpus in Court of Common Pleas No. 2 of Philadelphia County, and, on March 8, 1961, a rule was granted to show cause why the writ should not issue. Respondent filed an answer, and, on May 12, 1961, the Court ordered that relator's sentence be computed from December 17, 1958.

Respondent appealed from this order.

The question presented by this appeal is whether the Philadelphia County sentence should begin the date it was imposed or on the date the said institution received the relator within its confines. In its broader aspect, the question becomes whether sentences to different institutions by different courts ...


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