J. GRAY, JR. v. COM., DEPT. OF JUSTICE ET AL.

No. 276 Misc. Dkt.

33 Pa.Commw. 95 (1977)

Jerry E. Gray, Jr., Petitioner v. Commonwealth of Pennsylvania, Department of Justice, Bureau of Correction et al., and D.E. Knoll, Records Office for Bureau of Correction of the State Correctional Institution at Graterford, Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

December 29, 1977.


Attorney(s) appearing for the Case

Jerry E. Gray, Jr., petitioner, for himself.

Robert A. Greevy, Assistant Attorney General, with him Robert P. Kane, Attorney General, for respondent.

Submitted on briefs, November 14, 1977, to President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE BLATT, December 29, 1977:

Jerry E. Gray (petitioner) has filed a complaint in mandamus against the Pennsylvania Board of Probation and Parole (Board) alleging that the Board unlawfully recomputed his prison sentence. The Board has filed a preliminary objection in the nature of a demurrer.

A demurrer admits every well pleaded material fact set forth in the pleadings to which it is addressed as well as all inferences deducible therefrom but...

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