Scasserra v. Com.
| Court | Superior Court of Pennsylvania |
| Citation | 180 Pa.Super. 16,118 A.2d 246 |
| Parties | Philip SCASSERRA, Appellant, v. COMMONWEALTH or Pennsylvania. |
| Decision Date | 16 November 1955 |
Page 246
v.
COMMONWEALTH or Pennsylvania.
[180 Pa.Super. 17]
Page 247
Philip Scasserra, in pro. per.H. F. Dowling, Dist. Atty., Richard D. Walker, Asst. Dist. Atty., Harrisburg, for appellee.
Before RHODES, P. J., and HIRT, ROSS, GUNTHER, WRIGHT, WOODSIDE and ERVIN, JJ.
PER CURIAM.
Some of he background of appellant's
Some of the background of appellant's sentences may be found in prior appeals to this Court. See Com. ex rel. Scasserra v. Keenan, 175 Pa.Super. 636, 106 A.2d 843; Com. ex rel. Scasserra v. Keenan, 175 Pa.Super.[180 Pa.Super. 18] 443, 106 A.2d 842; Com. ex rel. Scasserra v. Maroney, 179 Pa.Super. 150, 115 A.2d 912.
Appellant has appealed from the orders of the Court of Oyer and Terminer of Dauphin County dismissing two petitions: (1) Petition for credit of jail time on sentence at No. 6, September Sessions, 1951 (No. 6, March Term, 1956); (2) petition for correction of date of computation of sentence at No. 6, September Sessions, 1951 (No. 7, March Term, 1956). Each of these petitions was filed at the original number and term to which bill of indictment, charging burglary, 2 appellant, being represented by counsel, pleaded guilty on August 4, 1952. On that day he was sentenced by the court to serve a term of not less than two years nor more than four years in the Eastern State Penitentiary; said sentence to commence and be computed from the expiration of the sentence appellant was then serving in the Allegheny County Workhouse.
Appellant's present contention is that his sentence at No. 6, September Sessions, 1951, should begin and be computed from July 26, 1951, and that he is entitled to credit on such sentence for the time he had been incarcerated subsequent to that date.
Appellant relies on the Act of May 28, 1937, P.L. 1036, §§ 1, 2, 19 P.S. §§ 894, 895, which provides as follows:
'Section 1. * * * That from and after the passage of this act, all sentences for criminal offenses of persons who at the time sentence is imposed are held in custody in default of bail, or otherwise, shall begin to run and [180 Pa.Super. 19] be computed from the date of commitment for the offense for which said sentence shall be imposed, unless the person sentenced shall then be
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undergoing imprisonment under a sentence imposed for any other offense or offenses, in which case the said sentence shall begin to run and be...To continue reading
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