Com. ex rel. Via v. Banmiller

Decision Date14 November 1958
PartiesCOMMONWEALTH of Pennsylvania ex rel. Melvin VIA, Appellant, v. William J. BANMILLER, Warden, Eastern State Penitentiary.
CourtPennsylvania Superior Court

Page 93

146 A.2d 93
188 Pa.Super. 124
COMMONWEALTH of Pennsylvania ex rel. Melvin VIA, Appellant,
v.
William J. BANMILLER, Warden, Eastern State Penitentiary.
Superior Court of Pennsylvania.
Nov. 14, 1958.

[188 Pa.Super. 125]

Page 94

Melvin Via, in pro. per.

Robert Sullivan, Asst. Dist. Atty., Lebanon, for appellee.

[188 Pa.Super. 124] Before RHODES, P. J., and HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN and WATKINS, JJ.

[188 Pa.Super. 125] ERVIN, Judge.

This is an appeal from an order of the Honorable A. H. Ehrgood, President Judge of the Court of Common Pleas of Lebanon County, dismissing the petition for a writ of habeas corpus after a hearing at which the relator and his counsel were present.

The facts are as follows: on August 2, 1955 relator was arrested and imprisoned in the Lebanon County jail on a charge of pointing a deadly weapon, to No. 54 December Sessions, 1955 (hereinafter called '54'), in the Court of Quarter Sessions of Lebanon County. Relator was unable to raise bail and while in jail awaiting the disposition of this charge, additional indictments were filed to No. 27 December Sessions, 1955 (hereinafter called '27'), consisting of three counts of larceny, malicious mischief and conveying liquor to prisoners; and to No. 55 December Sessions, 1955 (hereinafter called '55'), of being an accessory before the fact of a prison breach. On October 26, 1955 relator pleaded guilty to 54 and was sentenced to serve not less than 3 months and not more than 15 months, to be computed from his original commitment on August 2, 1955, in the Lebanon County jail. On October 27, 1955 relator pleaded guilty to indictment 27 and was sentenced to pay one-half of the costs of prosecution and be imprisoned in the Eastern State Penitentiary for a period of not less than 1 year and not more [188 Pa.Super. 126] than 2 years; also on October 27, 1955 the relator pleaded guilty to 55 and was sentenced to 'pay the costs of prosecution and that he be imprisoned in the Eastern State Penitentiary for a period of not less than one and one-half years and not more than three years, said sentence to commence at the expiration of the original sentence and any other sentences previously imposed which remained to be served at the time the offense of being an accessory before the fact of a prison breach was committed.' On October 27, 1955 the sheriff of Lebanon County transported the relator to the Eastern State Penitentiary, before the relator had served the balance of his...

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