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COM. ex rel. MILK v. MARONEY

198 Pa.Super. 442 (1962)

Commonwealth ex rel. Milk, Appellant, v. Maroney.

Superior Court of Pennsylvania.

June 13, 1962.

Attorney(s) appearing for the Case

M.H. Matson, for appellant.

Martin Lubow, Assistant District Attorney, with him Edward C. Boyle, District Attorney, for appellee.

Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.

OPINION BY MONTGOMERY, J., June 13, 1962:

In this habeas corpus proceeding relator, James Milk, raises two questions:

(a) When a sentence is suspended with the condition that it will be imposed upon violation of the law in the future, is a conviction, in accord with due process of law, necessary before the said suspended sentence can be imposed?

(b) The legality of his present sentence.

Relator, while serving a sentence of 10 to 20 years

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