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SPURLIN v. DEPARTMENT OF CORRECTIONS

230 A.2d 276 (1967)

Henry E. SPURLIN, Plaintiff Below, Appellant, v. The DEPARTMENT OF CORRECTIONS of the State of Delaware ex rel. William NARDINI, Commissioner, Defendant Below, Appellee.

Supreme Court of Delaware.

May 17, 1967.

Attorney(s) appearing for the Case

James F. Kipp, Asst. Public Defender, Wilmington, for appellant.

Robert E. Daley, Deputy Atty. Gen., Wilmington, for appellee.

WOLCOTT, C. J., HERRMANN, J., and SHORT, Vice Chancellor, sitting.

WOLCOTT, Chief Justice:

This is an appeal from the denial by the Superior Court of a Writ of Mandamus by which the prisoner sought to compel the Department of Corrections to credit him with an earned diminution of sentence (so-called "good time") computed pursuant to 11 Del.C. § 4372.

The prisoner was sentenced to a term of five years' imprisonment for robbery ending on July 16, 1966. He was paroled on January 17, 1964 and violated the terms of his parole...

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