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COMMONWEALTH EX REL. PHILLIPS v. MYERS. (11/15/62)

November 15, 1962

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



Appeal, No. 310, Oct. T., 1962, from order of Court of Common Pleas of Clearfield County, Feb. T., 1962, No. 37, in case of Commonwealth ex rel. Harry Phillips v. David N. Myers, Superintendent. Order affirmed.

COUNSEL

Harry Phillips, appellant, in propria persona.

David S. Ammerman, Assistant District Attorney, and Eugene G. Kitko, District Attorney, for appellee.

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

Author: Woodside

[ 199 Pa. Super. Page 503]

OPINION BY WOODSIDE, J.

This is an appeal from the order of the Court of Common Pleas of Clearfield County refusing a writ of habeas corpus sought by a prisoner now being detained in the State Correctional Institution at Graterford.

The prisoner was transferred to Graterford from the Pennsylvania Industrial School at Camp Hill, to which he was sentenced on July 29, 1958, after pleading guilty to the charge of Receiving Stolen Goods. The prisoner was only 17 years of age at the time of this

[ 199 Pa. Super. Page 504]

    sentence, but because of a long history of serious delinquency and prior commitments to institutions, including the Pennsylvania Industrial School, he was sentenced in the court of quarter sessions. The record shows that in imposing the sentence the court said, "It is the recommendation of the court that he be kept there [the Pennsylvania Industrial School] until 21 years of age." He was released, however, by the Pennsylvania Board of Parole on September 23, 1960. See Act of August 6, 1941, P.L. 861, § 31, as amended, 61 P.S. § 331.31. The following month he was again arrested for receiving stolen goods and sentenced to six months in jail. He was thereafter committed to the Graterford institution as a parole violator, and is now serving the remaining part of the sentence imposed July 29, 1958.

He petitioned for his release on the ground that he was sentenced to imprisonment only until he was 21 years of age and that he is now over that age; on the ground that the sentence was for only 3 years, and he has served all of that time, and on the ground that he is now being confined at the State Correctional Institution at Graterford instead of the Pennsylvania Industrial School at Camp Hill, to which he was sentenced.

His contentions are without merit. Although his original commitment to the Industrial School as a juvenile expired under the Juvenile Court Law*fn1 when he became 21 years of age, he is not now serving under the juvenile court commitment, but under a sentence imposed in the court of quarter sessions. This sentence was imposed under the Act of April 28, 1887, P.L. 63, § 4, as amended by the Act of June 30, 1951, P.L. 974, § ...


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