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COMMONWEALTH EX REL. FIRMSTONE v. MYERS (03/15/68)

decided: March 15, 1968.

COMMONWEALTH EX REL. FIRMSTONE, APPELLANT,
v.
MYERS



Appeal from order of Court of Common Pleas of Lycoming County, Nov. T., 1965, No. 572, in case of Commonwealth ex rel. Nathaniel Firmstone v. David N. Myers, Superintendent.

COUNSEL

Nathaniel Firmstone, appellant, in propria persona.

Henry G. Hager, 3rd, District Attorney, for appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Dissenting Opinion by Hoffman, J. Spaulding, J., joins in this dissent.

Author: Per Curiam

[ 211 Pa. Super. Page 497]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Hoffman, J.:

Petitioner, Nathaniel Firmstone, was tried and convicted of burglary and larceny on Bill No. 26, December Sessions, 1951, and plead guilty to the charge of aggravated assault and battery and robbery with an accomplice on Bill No. 27, December Sessions, 1951.

On May 21, 1952, petitioner was sentenced to a consecutive term of ten to twenty years on each bill. These sentences then were vacated and petitioner was sentenced to life imprisonment under the Act of June 24, 1939, P. L. 872, ยง 1108(b), 18 P.S. 5108(b).

On June 24, 1964, a petition for a writ of habeas corpus was granted, revoking the life sentence imposed on May 21, 1952, and petitioner was resentenced on July 27, 1964 to a term of six to twelve years on ...


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