COM. ex rel. PYEATTE v. BURKE


170 Pa.Super. 355 (1952)

Commonwealth ex rel. Pyeatte, Appellant, v. Burke.

Superior Court of Pennsylvania.

January 17, 1952.


Attorney(s) appearing for the Case

John S.J. Brooks, for appellant.

Robert M. Mountenay, Assistant Deputy Attorney General, with him Robert E. Woodside, Attorney General, and J. Stroud Weber, District Attorney, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS, ARNOLD and GUNTHER, JJ.


OPINION BY ARNOLD, J., January 17, 1952:

The court below dismissed relator's petition for a writ of habeas corpus, and relator appealed.

In Berks County the relator was convicted of breaking and entering a freight car and larceny, and the court entered a lumping sentence of five to ten years. He was released on parole after having served the minimum term of five years, whereupon there remained unserved five years of the maximum sentence.

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