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COX v. COM., BD. OF PROBATION & PAROLE

507 Pa. 614 (1985)

493 A.2d 680

James COX, Appellant, v. COMMONWEALTH of Pennsylvania, BOARD OF PROBATION AND PAROLE, Appellee.

Supreme Court of Pennsylvania.

Decided June 4, 1985.

Attorney(s) appearing for the Case

Timothy P. Wile, Asst. Public Defender, Hatfield, for appellant.

Robert Greevy, Harrisburg, Chief Counsel for Bd. of Probation & Parole, Arthur R. Thomas, Harrisburg, for appellee.

Before NIX, C.J., and LARSEN, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

HUTCHINSON, Justice.

James Cox appeals by allowance Commonwealth Court's order affirming the Pennsylvania Board of Probation and Parole's (Board's) order denying him credit for time spent in an in-patient drug treatment program at Eagleville Hospital. At issue is whether appellant was, in the language of the statute, "at liberty on parole" while in that program. We are handicapped in dealing with this issue of first

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