Commonwealth v. Ashe
| Court | United States State Supreme Court of Pennsylvania |
| Writing for the Court | PER CURIAM |
| Citation | 7 A.2d 296 |
| Parties | COMMONWEALTH ex rel. LEWIS v. ASHE, Warden. |
| Decision Date | 03 July 1939 |
COMMONWEALTH ex rel. LEWIS
v.
ASHE, Warden.
Supreme Court of Pennsylvania.
July 3, 1939.
Petition for writ of habeas corpus by the Commonwealth, on the relation of Thomas Lewis against S. P. Ashe, Warden, Western State Penitentiary.
Petition dismissed without prejudice.
Argued before KEPHART, C. J., and SCHAFFER, MAXEY, DREW, LINN, STERN, and BARNES, JJ.
No attorney for relator.
Andrew T. Park, of Pittsburgh, for the Commonwealth.
PER CURIAM.
As far as the relator complains of errors alleged to have occurred in the course of his trial, he cannot obtain relief by habeas corpus. Such a writ cannot be made the substitute for an appeal. Com. ex rel. Sullivan v. Ashe, 325 Pa. 305, 310, 188 A. 841.
Relator was sentenced on April 15, 1926, on two bills of indictment, each sentence being for not less than five nor more than ten years, the two terms to run consecutively. Relator assumes that the first term expired on April 15, 1931. At that time he was entitled to apply for a parole
from further service of his first sentence, and, had such an application been made and favorably acted upon, he would then have begun serving his second sentence. But since he did not then apply for a parole, and none was granted, his first sentence did not expire until he had served the full ten years. Commonwealth ex rel. Lynch v. Ashe, 320 Pa. 341, 182 A. 229. Inasmuch as he escaped from the penitentiary on August 31, 1930, not being apprehended until January, 8 1932, it is quite obvious that even had he applied for a parole it would not have been granted.
On April 6, 1932, relator was sentenced for the crime of escaping from prison to a term of not less than ten nor more than twenty years. This sentence was erroneous; it could legally have been imposed only for a term equal to that of the first or original sentence which he was then serving, namely, for not less than five nor more than ten years. Commonwealth ex rel. McGinnis v. Ashe, 330 Pa. 289, 199 A. 185. The sentence for escaping will not begin until after the expiration of his second sentence which he is now serving. It would therefore be premature at this time to remand the relator to be resentenced. Commonwealth ex rel. Padmonsky v. Smith, 127 Pa.Super. 24, 26, 27, 191 A. 684.
The petition is dismissed without prejudice, etc.
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...Musmanno, J., in Commonwealth ex rel. Wilkins v. Banmiller, Pa., 164 A.2d 333. See also Commonwealth ex rel. Lewis v. Ashe, 335 Pa. 575, 7 A.2d 296; Commonwealth ex rel. Carey v. Keeper of Montgomery County Prison, 370 Pa. 604, 88 A.2d 904; Commonwealth ex rel. Garrison v. Burke, 378 Pa. 34......
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Com. ex rel. Stevens v. Myers
...Pa. 5] because the propriety of the present confinement is unquestioned. E. g., Commonwealth ex rel. Lewis v. Ashe, 335 Pa. 575, 7 A.2d 296, cert. denied, 308 U.S. 596, 60 S.Ct. 132, 84 L.Ed. 499 (1939) (per curiam) (attacked sentence for escape; held premature because still serving basic s......
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Ironshore Specialty Ins. Co. v. Conemaugh Health Sys., Civil Action 3:18-cv-153
...alleged breach of the Election and Cooperation Clause was material and resulted in prejudice to Ironshore for the finder of fact. Berger, 7 A.2d at 296. Given the foregoing analysis, the Court finds there is a genuine issue of material fact with respect to whether Conemaugh breached the Ele......
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Com. ex rel. Marelia v. Burke
...relief by habeas corpus for errors alleged to have occurred in the course of his trial. Commonwealth ex rel. Lewis v. Ashe, 335 Pa. 575, 7 A.2d 296, certiorari denied Lewis v. Ashe, 308 U.S. 596, 60 S.Ct. 132, 84 L.Ed. 499; Commonwealth ex rel. Townsend v. Burke, 361 Pa. 35, 41, 63 A.2d 77;......
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Com. ex rel. Lockhart v. Myers
...Musmanno, J., in Commonwealth ex rel. Wilkins v. Banmiller, Pa., 164 A.2d 333. See also Commonwealth ex rel. Lewis v. Ashe, 335 Pa. 575, 7 A.2d 296; Commonwealth ex rel. Carey v. Keeper of Montgomery County Prison, 370 Pa. 604, 88 A.2d 904; Commonwealth ex rel. Garrison v. Burke, 378 Pa. 34......
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Com. ex rel. Stevens v. Myers
...Pa. 5] because the propriety of the present confinement is unquestioned. E. g., Commonwealth ex rel. Lewis v. Ashe, 335 Pa. 575, 7 A.2d 296, cert. denied, 308 U.S. 596, 60 S.Ct. 132, 84 L.Ed. 499 (1939) (per curiam) (attacked sentence for escape; held premature because still serving basic s......
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Ironshore Specialty Ins. Co. v. Conemaugh Health Sys., Civil Action 3:18-cv-153
...alleged breach of the Election and Cooperation Clause was material and resulted in prejudice to Ironshore for the finder of fact. Berger, 7 A.2d at 296. Given the foregoing analysis, the Court finds there is a genuine issue of material fact with respect to whether Conemaugh breached the Ele......
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Com. ex rel. Marelia v. Burke
...relief by habeas corpus for errors alleged to have occurred in the course of his trial. Commonwealth ex rel. Lewis v. Ashe, 335 Pa. 575, 7 A.2d 296, certiorari denied Lewis v. Ashe, 308 U.S. 596, 60 S.Ct. 132, 84 L.Ed. 499; Commonwealth ex rel. Townsend v. Burke, 361 Pa. 35, 41, 63 A.2d 77;......