Appeal from order of Court of Quarter Sessions of the Peace of Philadelphia County, Aug. T., 1958, No. 468, in case of Commonwealth of Pennsylvania v. John Hosendorf.
John F. X. Fenerty, and Bartolomeo, Baratta & Fenerty, for appellant.
James D. Crawford, Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Hoffman, J. Spaulding, J., joins in this dissenting opinion.
[ 214 Pa. Super. Page 526]
Dissenting Opinion by Hoffman, J.:
This case is a proceeding under the Post Conviction Hearing Act, Act of January 25, 1966, P. L. (1965) 1580, § 1 et seq., 19 P.S. 1180-1 through 1180-14. Appellant maintains that he is improperly imprisoned because the maximum sentence imposed by the trial judge has already expired.
At the conclusion of his trial the court stated:
"Well, this is a grave question.
" I will sentence him to five to twenty years in the Eastern Penitentiary. Have him sent to the Diagnostic Clinic and they will give him help and treatment out there. They are well equipped to do that. If at the end of five years the evidence indicates that he is all right and no longer a menace, of course an application for parole can ...