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COM. ex rel. RAMBEAU v. BD. of PRO. & PAROLE

Original jurisdiction, No. 227 C.D. 1971.

4 Pa.Commw. 152 (1972)

Commonwealth ex rel. Rambeau v. Board of Probation and Parole, et al.

Commonwealth Court of Pennsylvania.

January 13, 1972.

Attorney(s) appearing for the Case

John H. Lewis, Jr., with him Morgan, Lewis & Bockius, for plaintiff.

Salvatore Cucinotta, Assistant Attorney General, with him Leonard Packel, Deputy Attorney General, and J. Shane Creamer, Attorney General, for defendants.

Argued October 4, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS. Judge MANDERINO did not participate in the decision.

OPINION BY JUDGE CRUMLISH, JR., January 13, 1972:

This action in mandamus questions the constitutional authority of the Pennsylvania Board of Probation and Parole to recommit the petitioner as a convicted parole violator to serve that portion of his original court imposed maximum sentence remaining when he was first paroled. Petitioner also questions the procedure used by the Board in revoking his parole.

On May 29, 1961 petitioner was sentenced to five to...

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