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COMMONWEALTH EX REL. LOWRY v. PENNSYLVANIA BOARD PAROLE. (07/01/64)

THE SUPREME COURT OF PENNSYLVANIA


July 1, 1964

COMMONWEALTH EX REL. LOWRY, APPELLANT,
v.
PENNSYLVANIA BOARD OF PAROLE.

Appeal, No. 39, May T., 1964, from order of Court of Common Pleas of Dauphin County, No. 25 Commonwealth Docket, 1964, in case of Commonwealth ex rel. James E. Lowry v. Pennsylvania Board of Parole. Order affirmed.

COUNSEL

James E. Lowry, appellant, in propria persona.

Frank P. Lawley, Jr., Deputy Attorney General, and Walter E. Alessandroni, Attorney General, for appellee.

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

[ 415 Pa. Page 91]

OPINION PER CURIAM

James E. Lowry filed a petition for a Writ of Mandamus seeking to compel the Pennsylvania Board of Parole to issue "... a release and final discharge from the sentences of this case." He was sentenced to serve a term of imprisonment of not less than two

[ 415 Pa. Page 92]

    and one-half nor more than five years on each of two indictments.*fn* The terms of imprisonment were to run consecutively, the first of which was to commence and be computed from November 5, 1954. Lowry, on at least two separate occasions, violated his parole. The lower Court sustained the Board's preliminary objections in the nature of a demurrer.

We find no merit in the Petition.

Disposition

Order affirmed on the Opinion of Judge CARL B. SHELLEY.


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