OPINION BY RHODES, P.J., January 14, 1955:
The question presented on this appeal is whether section 51 of the Act of March 31, 1860, P.L. 427, 19 PS § 831, precludes the conviction and sentence of defendant, Donald L. Ray, for the crime of robbery. When convicted of this felony, defendant was in process of trial for riot, a misdemeanor, for which he was subsequently convicted. It appears that the robbery was committed by defendant, a penitentiary inmate, when...
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