Opinion
June 11, 1962.
September 13, 1962.
Criminal Law — Practice — Habeas corpus — Release of prisoner to authorities of another State — Recommitment for commission of crime while on parole — Credit for time while paroled — Act of June 22, 1931, P.L. 862.
In a habeas corpus proceeding, in which it appeared that petitioner, after pleading guilty to multiple charges of armed robbery, was given a combined sentence bearing a minimum sentence of eight years and a maximum sentence of sixteen years; that at the expiration of his minimum sentence he was paroled, but later returned as a technical parole violator; that subsequently he was transferred to another State, and, following conviction and sentence there, was recommitted as a parole violator; that petitioner contended that (1) his release to the authorities of the other State constituted a release from the remaining portion of his original sentence, and (2) he could not be detained beyond the original expiration date of his original maximum sentence; and that the court below, holding that the provisions of § 1 of the Act of June 22, 1931, P.L. 862, were applicable regardless of the state in which the parolee committed the crime, that it was for the state sovereignty granting the parole, and not for the prisoner, to determine priority of jurisdiction over him, when he violated his parole, and that the time petitioner was out on parole was not to be credited on his original sentence when he was recommitted for commission of a crime while on parole, dismissed the petition; it was Held that the order of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 3, Feb. T., 1963, from order of Court of Common Pleas of Luzerne County, Jan. T., 1962, No. 337, in case of Commonwealth ex rel. Stephen D. Galascewski v. David N. Myers, Superintendent. Order affirmed.
Same case in court below: 27 Pa. D. C. 2d 790.
Habeas corpus.
Order entered denying petition, opinion by SHEA, J. Relator appealed.
Stephen D. Galascewski, appellant, in propria persona.
Stephen A. Teller, District Attorney, for appellee.
Submitted June 11, 1962.
The order of the court below dismissing petition for writ of habeas corpus is affirmed on the opinion of Judge SHEA of the Court of Common Pleas of Luzerne County, as reported in 27 Pa. D. C.2d 790.