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COM. ex rel. DAILEY v. MYERS

186 Pa.Super. 176 (1958)

Commonwealth ex rel. Dailey, Appellant, v. Myers.

Superior Court of Pennsylvania.

June 11, 1958.

Attorney(s) appearing for the Case

Joseph Dailey, appellant, in propria persona.

Frank B. Doyle, District Attorney, for appellee.

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

OPINION BY RHODES, P.J., June 11, 1958:

In this habeas corpus proceeding, relator questions the legality of his sentence for prison breach; he is now confined in the State Penitentiary at Graterford.

It is relator's contention that the Act of July 29, 1953, P.L. 1445, 18 PS § 4309, provides for punishment for prison breach only in those cases when a prisoner is under sentence at the time of the prison breach.

The Act of 1953 amends section 309...

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