Appeal from order of Court of Common Pleas of Montgomery County, No. 65-6669 Habeas Corpus, in case of Commonwealth ex rel. Leonard Bleecher v. Alfred T. Rundle, Warden.
John P. Yatsko, with him Fitzgerald & Yatsko, for appellant.
Henry T. Crocker, Assistant District Attorney, with him Richard A. Devlin, Assistant District Attorney, and Richard S. Lowe, District Attorney, for appellee.
Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, and Hoffman, JJ. (Flood, J., absent). Opinion by Hoffman, J. Opinion by Wright, J., Concurring in Part and Dissenting in Part.
[ 207 Pa. Super. Page 444]
Appellant, Leonard Bleecher, was arrested in New York State on July 1, 1961, on an extradition warrant based on charges lodged in Montgomery and Delaware Counties, Pennsylvania. He contested extradition from the date of his arrest until June 11, 1962. Thereafter, he waived formal extradition and was taken to Delaware County to answer criminal charges. After being found not guilty of the Delaware County offenses, he was transferred to Montgomery County on September 23, 1963. There he stood trial, was found guilty of burglary and larceny, and was sentenced to a term of three to six years to be computed from September 23, 1963.
Appellant, on appeal from the dismissal of his petition for writ of habeas corpus, contends that his sentence should be computed from the date of his original arrest in New York, July 1, 1961.
As a general rule, in the absence of statute, a prison sentence begins to run from the date of its imposition. Commonwealth ex rel. Lerner v. Smith, 151 Pa. Superior Ct. 265, 270,
[ 207 Pa. Super. Page 44530]
A.2d 347, 350 (1943). Appellant relies on the following statutes, however, to support his contention that he is entitled to credit for all time spent in custody prior to his sentence on the Montgomery County charges.
Section 1 of the Act of May 28, 1937, P. L. 1036, 19 P.S. § 894, states in part: "From and after the passage of this act, all sentences for criminal offenses of persons who at the time sentence is imposed are held in custody in default of bail, or otherwise, shall begin to run and be computed from the date of commitment for the offense for which said sentence shall be imposed. . .". (Emphasis added)
Section 2 of that act, 19 P.S. § 895, provides: "The date of commitment referred to in section one of this act shall be the date of the last commitment for the offense for which the sentence is imposed." (Emphasis added)
The benefits of the above statute were extended by the Act of August 14, 1963, P. L. 841, § 1, 19 P.S. § 898, which provides: "Any person who has been convicted of an offense in any court in this Commonwealth and sentenced to a term of imprisonment shall be given credit toward the service of his sentence for any days spent in custody on this offense, prior to the imposition of his ...