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COMMONWEALTH v. WRIGHT

231 Pa.Super. 383 (1974)

Commonwealth v. Wright, Appellant.

Superior Court of Pennsylvania.

December 11, 1974.

Attorney(s) appearing for the Case

Nathan Criste, Assistant Public Defender, for appellant.

Martin J. King, Assistant District Attorney, with him Stephen B. Harris, First Assistant District Attorney, and Kenneth G. Biehn, District Attorney, for Commonwealth, appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.

OPINION BY SPAETH, J., December 11, 1974:

Appellant contends that his sentence for prison breach is illegal under the Act of June 24, 1939, P.L. 872, § 309, as last amended by the Act of July 16, 1968, P.L. 353, No. 174, § 1, 18 P.S. § 4309 (Supp. 1972).1 Specifically, he claims that the following provision of that statute was violated: "When said prison breach occurs...

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