Commonwealth ex rel. Padmonsky v. Smith
| Decision Date | 30 April 1937 |
| Parties | COMMONWEALTH ex rel. PADMONSKY v. SMITH, Warden. |
| Court | Pennsylvania Superior Court |
COMMONWEALTH ex rel. PADMONSKY
v.
SMITH, Warden.
Superior Court of Pennsylvania.
April 30, 1937.
Application for writ of habeas corpus by the Commonwealth of Pennsylvania, on the relation of William Padmonsky, against Herbert Smith, Warden of the Eastern State Penitentiary of Pennsylvania.
Petition dismissed, without prejudice.
Argued before KELLER, P. J., and CUNNINGHAM, BALDRIGE, STADTFELD, PARKER, JAMES, and RHODES, JJ.
Patrick J. Friel, of Philadelphia, for relator. Charles J. Margiotti, Atty. Gen., Adrian Bonnelly, Deputy Atty. Gen., and Oliver C. Cohen, Asst. Deputy Atty. Gen., for respondent.
PER CURIAM.
The relator was convicted in the court of oyer and terminer of Luzerne county on four indictments (Nos. 406, 407, 410, and 409, November term, 1922) charging robbery, burglary, robbery, and robbery, respectively, and was sentenced on December 19, 1922, to imprisonment at labor in the Eastern Penitentiary for a period of not less than seven and a half years nor more than twenty years on each indictment; said sentences to run consecutively.
By an error of the penitentiary authorities (see Com. ex rel. Lynch v. Ashe, 320 Pa. 341, 182 A. 229), the sentences were entered on the prison records as if for a single sentence of not less than thirty years nor more than eighty years.
In November, 1932, the Board of Pardens having recommended commutation, the Governor commuted the supposed minimum sentence of thirty years to a minimum term of nine years and eleven months, expiring November 19, 1932; and on December 24, 1932, relator was paroled for the balance of an eighty-year term, in assumed compliance with the Act of June 19, 1911, P.L. 1055 and its amendments (19 P.S. § 1051 et seq., 61 P.S. § 302 et seq.), on the theory that he had served the minimum portion of said term.
While on parole he was convicted in the aforementioned court on an indictment (No. 586 A September term, 1933) charging assault with firearms, and on September 29, 1933, was sentenced to imprisonment at labor in said penitentiary for a period of
not less than one and a half years nor more than three years, and pursuant thereto was recommitted to said penitentiary to serve the remainder of the term under the provisions of section 10 of said Act of June 19, 1911, P.L. 1055, as amended (61 P.S. § 305).
Some question has arisen between the relator and the penitentiary authorities as to the date when he will be entitled to be discharged, and the relator filed...
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