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COM. ex rel. YOUNG v. DAY

180 Pa.Super. 276 (1956)

Commonwealth ex rel. Young, Appellant, v. Day.

Superior Court of Pennsylvania.

January 17, 1956.

Attorney(s) appearing for the Case

Daniel Young, appellant, in propria persona, submitted a brief.

Joseph S. Lilienthal, Assistant District Attorney, with him Robert M. Harris, District Attorney, for appellee.

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

OPINION BY WOODSIDE, J., January 17, 1956:

This is an appeal from the refusal of the Court of Common Pleas of Schuylkill County to grant a writ of habeas corpus to the relator, a prisoner at the State Penitentiary at Graterford.

The relator questions the power of the sentencing judge to revoke a sentence and impose another which increases the penalty, even though done within the same term of court.

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