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COMMONWEALTH EX REL. SMITH v. HENDRICK. (11/16/61)

November 16, 1961

COMMONWEALTH EX REL. SMITH, APPELLANT,
v.
HENDRICK.



Appeal, No. 270, Oct. T., 1961, from order of Court of Common Pleas of Lancaster County, Dec. T., 1958, No. 210, in case of Commonwealth ex rel. James I. Smith v. Edward J. Hendrick, Superintendent. Order affirmed.

COUNSEL

James I. Smith, appellant, in propria persona.

Clarence C. Newcomer, Assistant District Attorney, and Alfred C. Alspach, District Attorney, for appellee.

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

Author: Rhodes

[ 196 Pa. Super. Page 289]

OPINION BY RHODES, P.J.

On February 25, 1954, defendant-petitioner pleaded guilty to a charge of armed robbery and was sentenced by the Court of Quarter Sessions of Philadelphia County to serve a term of not less than one and one-half years nor more than ten years in the Philadelphia

[ 196 Pa. Super. Page 290]

County Prison. Defendant was paroled on July 8, 1955, after serving a minimum sentence. While on parole defendant pleaded guilty to a charge of burglary and larceny, and was sentenced by the Court of Quarter Sessions of Lancaster County to the State Correctional Institution at Philadelphia for a term of not less than one year nor more than two years, effective on April 23, 1959. The Board of Parole directed the defendant to serve his Lancaster County sentence before his parole violation sentence. On September 2, 1959, defendant was transferred to the State Correctional Institution at Graterford, and was there paroled from his Lancaster County sentence on April 23, 1960, the minimum term having expired. On that date defendant was returned to the Philadelphia County Prison, from which he was originally paroled, to serve on the prior sentence.

On February 25, 1961, defendant filed a petition for a writ of habeas corpus in this Court of Common Pleas of Lancaster County, alleging deprivation of due process in his Lancaster County sentence. On March 9, 1961, this petition was dismissed for the reason that he had already served his Lancaster County sentence. On March 28, 1961, defendant filed a petition for reconsideration of the denial of the writ of habeas corpus in Lancaster County, alleging that he was improperly sentenced and detained. The court also denied this petition, and stated that defendant was properly ordered to serve his Lancaster County administered sentence before serving the back time of his original sentence since, after committing a crime while on parole, he was sentenced to an institution other than the one from which he was paroled.*fn1

     for violation of his parole."

[ 196 Pa. Super. Page ...


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