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COMMONWEALTH v. JONES (12/14/67)

decided: December 14, 1967.

COMMONWEALTH
v.
JONES, APPELLANT



Appeal from order of Court of Quarter Sessions of Lancaster County, Dec. T., 1964, No. 63, in case of Commonwealth of Pennsylvania v. Carl Hershey Jones.

COUNSEL

Theodore S. Danforth, Public Defender, for appellant.

Wilson Bucher, District Attorney, for Commonwealth, appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Opinion by Watkins, J. Wright, J., would affirm on the opinion of Judge Brown of the court below.

Author: Watkins

[ 211 Pa. Super. Page 367]

This is an appeal by the defendant-appellant, Carl Hershey Jones, from the order of the Court of Quarter Sessions of Lancaster County, holding that the appellant was not entitled to credit on his sentence for the time of his confinement in Embreeville State Hospital.

The appellant was charged with arson and committed to Lancaster County Prison in default of bail on November 13, 1964. Subsequently, the Court granted an examination by a Commission under the provisions of the Mental Health Act of 1951 and he was committed to Embreeville State Hospital on December 14, 1964 by the Lancaster County Court.

He was released from the Embreeville State Hospital on July 28, 1966, returned to Lancaster County

[ 211 Pa. Super. Page 368]

Prison and pleaded guilty on September 20, 1966. He was sentenced to a term in the Eastern State Penitentiary for a period of not less than four (4) years nor more than eight (8) years.

After transfer to the State correctional institution at Huntingdon, the appellant learned that the prison's record bureau had so calculated his sentence as to disallow credit for the time spent at the Embreeville State Hospital. He then filed a petition under the Post Conviction Hearing Act, and a rule to show cause was granted upon the Commonwealth. After argument, the court below entered an order disallowing the credit.

The Act of May 28, 1937, P. L. 1036, Sec. 1, 19 PS 894, reads in part as follows:

". . . 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 ...


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