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COM. ex rel. SCHIAVO v. BANMILLER

183 Pa.Super. 303 (1957)

Commonwealth ex rel. Schiavo v. Banmiller.

Superior Court of Pennsylvania.

April 11, 1957.

Attorney(s) appearing for the Case

Matthew Kramer, with him David H. Kubert, for appellant.

Lawrence M. Aglow, Assistant District Attorney, with him Thomas M. Reed, Assistant District Attorney, James N. Lafferty, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.

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

OPINION BY WRIGHT, J., April 11, 1957:

Upon a plea of guilty to a charge of burglary, Joseph Schiavo was sentenced (No. 413 August Sessions 1947) by the Court of Quarter Sessions of Philadelphia County to serve not less than ten nor more than twenty years in the Eastern State Penitentiary. On March 18, 1952, his minimum sentence was commuted to four years and nine months, expiring on April 17, 1952, and Schiavo was thereafter paroled. On or about November 2, 1954...

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