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COMMONWEALTH EX REL. HENDRICKSON v. PENNSYLVANIA STATE BOARD PAROLE. (11/13/62)

November 13, 1962

COMMONWEALTH EX REL. HENDRICKSON, APPELLANT,
v.
PENNSYLVANIA STATE BOARD OF PAROLE.



Appeal, No. 35, May T., 1962, from order of Court of Common Pleas of Dauphin County, No. 480 Commonwealth Docket, 1960, in case of Commonwealth ex rel. Robert Hendrickson v. Pennsylvania State Board of Parole. Order affirmed.*fn*

COUNSEL

Norman A. Oshtry, for appellant.

Frank P. Lawley, Jr., Deputy Attorney General, with him David Stahl, Attorney General, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.

Author: Eagen

[ 409 Pa. Page 205]

OPINION BY MR. JUSTICE EAGEN

This is an appeal from an order in the court below denying judgment on the pleadings in an action of mandamus. The record discloses the following facts.

In 1952, appellant, Robert Hendrickson, was convicted of burglary and larceny and sentenced to the Philadelphia County Prison for a term of not less than three years nor more than fifteen years. Five years later, appellant was released on parole by appellee, the Pennsylvania State Board of Parole (Board).

While on parole, appellant, in violation of the conditions of the parole, moved from his approved residence to the home of a woman, not his wife, and thereafter failed to report to his parole agent as required by law. He was subsequently taken into custody by agents of the Board and the Philadelphia Police. The day appellant was apprehended, he was interviewed by an agent of the Board who orally informed him of his parole violations.

Appellant was confined in the Philadelphia County Prison on charges of technical parole violation under the provisions of the Act of August 6, 1941, P.L. 861, as amended, 61 P.S. § 331.21a, and declared delinquent by the Board. Approximately six weeks after he was arrested, appellant had a hearing before a member of the Board at which, for the first time, he was formally informed of the six specific charges of parole violation which had resulted in his apprehension by the authorities. At the hearing, appellant admitted the parole violations and the Board formally recommitted him to prison.

After his petition for a writ of habeas corpus was denied and the judgment affirmed by the Superior Court, Commonwealth ex rel. Hendrickson v. Hendrick, 193 Pa. Superior Ct. 559, 165 A.2d 261 (1960), appellant

[ 409 Pa. Page 206]

    filed a complaint in mandamus in the court below challenging the legal adequacy of the actions of the Board in ordering his recommitment. In particular, he contends that he was not given a "hearing" within the meaning of the Act of 1941. The court below sitting en banc ...


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