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Commonwealth ex rel. Richardson v. Johnston

Superior Court of Pennsylvania
Oct 10, 1958
145 A.2d 194 (Pa. Super. Ct. 1958)

Opinion

September 11, 1958.

October 10, 1958.

Criminal law — Sentence — Parole — Violation — Commission of other crime — Imprisonment for further period — Remainder of maximum sentence not served when parole was granted — Act of June 19, 1911, P.L. 1055, as amended.

1. Under § 10 of the Act of June 19, 1911, P.L. 1055, as amended, where the parole of a prisoner, who was sentenced to a state penitentiary for a minimum and a maximum term, has been revoked for the commission of another crime, he may be imprisoned for another period equaling the remainder of the maximum term not served when the parole was granted.

2. In this case, relator's contention that he was required to be discharged at the expiration of the maximum period computed from the date of sentence was Held to be without merit.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.

Appeal, No. 303, Oct. T., 1958, from order of Court of Common Pleas of Huntingdon County, May T., 1958, No. 45, in case of Commonwealth of Pennsylvania ex rel. Robert M. Richardson v. Frank C. Johnston, Warden. Order affirmed.

Same case in court below: 14 Pa. D. C. 2d 283.

Habeas corpus.

Order entered refusing petition, opinion by HIMES, J. Relator appealed.

Robert M. Richardson, appellant, in propria persona.

M.B. DeForrest, District Attorney, for appellee.


Submitted September 11, 1958.


The order of the court below is affirmed on the opinion of Judge HIMES of the Court of Common Pleas of Huntingdon County as reported in 14 Pa. D. C. 2d 283.


Summaries of

Commonwealth ex rel. Richardson v. Johnston

Superior Court of Pennsylvania
Oct 10, 1958
145 A.2d 194 (Pa. Super. Ct. 1958)
Case details for

Commonwealth ex rel. Richardson v. Johnston

Case Details

Full title:Commonwealth ex rel. Richardson, Appellant, v. Johnston

Court:Superior Court of Pennsylvania

Date published: Oct 10, 1958

Citations

145 A.2d 194 (Pa. Super. Ct. 1958)
145 A.2d 194