COM. ex rel. GALLAGHER v. MARTIN


183 Pa.Super. 540 (1957)

Commonwealth ex rel. Gallagher, Appellant, v. Martin.

Superior Court of Pennsylvania.

June 11, 1957.


Attorney(s) appearing for the Case

Charles J. Gallagher, in propria persona, for appellant.

James N. Lafferty, Deputy District Attorney, and Victor H. Blanc, District Attorney, for appellee.

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


OPINION BY WOODSIDE, J., June 11, 1957:

The appellant in this case, seeking release from the penitentiary, was denied a writ of habeas corpus by the court below. He had been sentenced in Lebanon County on December 2, 1950, to 18 months to 3 years in the Eastern Penitentiary, and had been paroled two years later on December 2, 1952.

On May 20, 1953, before his 3 year sentence had expired, he was sentenced...

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