Appeal, No. 399, Oct. T., 1963, from order of Court of Common Pleas No. 5 of Philadelphia County, March T., 1963, No. 3878, in case of Commonwealth ex rel. Ernest W. Money v. James F. Maroney, Superintendent. Order affirmed.
Ernest W. Money, appellant, in propria persona.
Anthony Caiazzo, Lawrence W. Watson, and Arlen Specter, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., 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.
[ 202 Pa. Super. Page 506]
Ernest W. Money has appealed from an order of Court of Common Pleas No. 5 of Philadelphia County dismissing his petition for a writ of habeas corpus. The situation revealed by the record is set forth in the following excerpt from the opinion of Judge WEINROTT for the court below:
"An examination of the record discloses that on August 23, 1951, relator was sentenced by now President Judge BYRON A. MILNER to a term of not less than 2 nor more than 5 years in the Eastern State Penitentiary. Thereafter, on September 24, 1951, Judge CURTIS BOK imposed a term of not less than 1 nor more than 2 years to run concurrently with the sentence imposed the previous month. On July 29, 1954, Money was paroled with the maximum date of release being July 29, 1956.
"Then on March 2, 1955, while on parole, relator was arrested and on April 28, 1955, tried and sentenced by Judge MAURICE W. SPORKIN to a term of not less than 3 nor more than 10 years for robbery [No. 383 April Sessions 1955].That sentence was to begin at the expiration of the time remaining for violation of parole, and relator was returned to the Eastern State Penitentiary to commence serving his back time for parole violation. However, on June 2, 1956, on instructions from the Attorney General he was re-entered to begin the sentence imposed on April 28, 1955, with the charge of parole violation acting as a detainer against him for the reason that relator had been paroled from the Graterford institution on July 29, 1954, and the
[ 202 Pa. Super. Page 507]
sentence of April 28, 1955 was to another institution. It was ruled that the service of the new sentence must precede the service of the back time for parole violation by reason of the fact that the Act of June 28, 1957, P.L. 429, was not in effect at the time of sentencing by Judge SPORKIN.
"Relator Money was sentenced on June 12, 1959 on Bill No. 438 March Sessions 1959, to serve not less than 5 years nor more than 15 years for Aggravated Robbery. [The date of this crime was November 17, 1954].
"The minimum term of the sentence imposed under Bill of Indictment No. 383 April Sessions 1955, expired on March 2, 1958; the maximum will expire on March 2, 1965.The minimum term of the sentence imposed under Bill of Indictment No. 438 March Sessions 1959, will expire ...