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COM. ex rel. MARELIA v. HILL

177 Pa.Super. 520 (1955)

Commonwealth ex rel. Marelia, Appellant, v. Hill.

Superior Court of Pennsylvania.

January 14, 1955.

Attorney(s) appearing for the Case

Elkins Wetherill, with him Riely, Powell, Earle & Wetherill, for appellant.

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

Before RHODES, P.J., ROSS, GUNTHER, WRIGHT, WOODSIDE and ERVIN, JJ. (HIRT, J., absent).

OPINION BY GUNTHER, J., January 14, 1955:

Relator was found guilty on March 22, 1946, on indictments charging attempted burglary and possession of burglary tools. At the conclusion of the trial the trial judge stated to relator: "Go up and work in the penitentiary for the next five years." Relator alleges that this was the only sentence ever pronounced in his presence. The sentence endorsed on the indictment for attempted burglary was "not less than three and a half...

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