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COM. ex rel. SHARPE v. BURKE

174 Pa.Super. 350 (1953)

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

Superior Court of Pennsylvania.

December 29, 1953.

Attorney(s) appearing for the Case

William J. Woolston, for appellant.

Armand Della Porta, Assistant District Attorney, with him Michael von Moschzisker, First Assistant District Attorney, Samuel Dash, Assistant District Attorney, and Richardson Dilworth, District Attorney, for appellee.

Before RHODES, P.J., HIRT, RENO, ROSS, GUNTHER, WRIGHT and WOODSIDE, JJ.

OPINION BY RHODES, P.J., December 29, 1953:

On March 9, 1939, relator was tried and convicted in the Court of Oyer and Terminer of Philadelphia County on three bills of indictment (Nos. 576, 578, 580, December Sessions, 1938) charging robbery, burglary, and carrying concealed deadly weapons. The sentence on bill No. 576 (armed robbery) was for a term of imprisonment in the Eastern State Penitentiary of not less than ten years nor more than twenty years. At that time...

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