PENNSYLVANIA EX REL. SULLIVAN v. ASHE

No. 25.

302 U.S. 51 (1937)

PENNSYLVANIA EX REL. SULLIVAN v. ASHE, WARDEN.

Supreme Court of United States.

Decided November 8, 1937.


Attorney(s) appearing for the Case

Messrs. William J. Hughes, Jr. and Bernard T. Foley, with whom Mr. William E. Leahy was on the brief, for petitioner.

Messrs. Adrian Bonnelly and Burton R. Laub, with whom Mr. Charles J. Margiotti, Attorney General of Pennsylvania, and Messrs. Mortimer E. Graham, William F. Illig and Samuel Roberts were on the brief, for respondent.


MR. JUSTICE BUTLER delivered the opinion of the Court.

The question presented in this case is whether, consistently with the equal protection clause, a State may classify punishments to be imposed on convicts breaking out of the penitentiary by authorizing the court to imprison each for a period not exceeding his original sentence.

September 21, 1936, petitioner, asserting that he was illegally committed to the Western Penitentiary of Pennsylvania to serve...

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