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Com. ex rel. Nerwinski v. Cavell

Superior Court of Pennsylvania
Jul 17, 1958
144 A.2d 401 (Pa. Super. Ct. 1958)

Opinion

June 13, 1958.

July 17, 1958.

Criminal law — Practice — Habeas corpus — Factual issues — Necessity of hearing — Parole — Violation — Credit for time on probation.

1. In a habeas corpus proceeding, in which it appeared that relator, who had been returned to Pennsylvania as a parole violator and required to serve his whole period of probation, in prison, without credit for the time spent on parole before commission of the crime during parole, contended that he should retain "street time" and that requiring him to serve it over again in prison violated his constitutional rights, it was Held that relator's contention was without merit.

2. Where, in a habeas corpus proceeding, there are no factual issues for determination, no hearing is necessary, and the case can therefore be disposed of on petition and answer.

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

Appeal, No. 177, Oct. T., 1958, from order of Court of Common Pleas No. 7 of Philadelphia County, Dec. T., 1957, No. 188, in case of Commonwealth of Pennsylvania ex rel. Walter S. Nerwinski v. Angelo C. Cavell, Warden. Order affirmed.

Same case in court below: 13 Pa. D. C. 2d 113.

Habeas corpus.

Order entered denying petition, opinion by BOK, P.J. Relator appealed.

Walter S. Nerwinski, appellant, in propria persona.

Domenick Vitullo and Juanita Kidd Stout, Assistant District Attorneys, James N. Lafferty, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.


Submitted June 13, 1958.


The order of the court below denying relator's petition for a writ of habeas corpus is affirmed on the opinion of President Judge BOK of the Court of Common Pleas No. 6 of Philadelphia County, as reported in 13 Pa. D. C. 2d 113.


Summaries of

Com. ex rel. Nerwinski v. Cavell

Superior Court of Pennsylvania
Jul 17, 1958
144 A.2d 401 (Pa. Super. Ct. 1958)
Case details for

Com. ex rel. Nerwinski v. Cavell

Case Details

Full title:Commonwealth ex rel. Nerwinski, Appellant, v. Cavell

Court:Superior Court of Pennsylvania

Date published: Jul 17, 1958

Citations

144 A.2d 401 (Pa. Super. Ct. 1958)
144 A.2d 401