174 Pa. Super. 83 | Pa. Super. Ct. | 1953
The question which relator attempts to raise in this habeas corpus proceeding has been previously decided in a number of cases which have ruled that, where the manner and the order of service of sentence have been provided by law, the intention of the sentencing judge is immaterial. Toliver v. State Board of Parole, 157 Pa. Superior Ct. 218, 42 A. 2d 285; Com. ex rel. McDevitt v. Burke, 166 Pa. Superior Ct. 194, 197, 70 A. 2d 663; Com. ex rel. Harman v. Burke, 171 Pa. Superior Ct. 547, 554, 91 A. 2d 385; Com. ex rel. Kunkle v. Claudy, 171 Pa. Superior Ct. 557, 91 A. 2d 382; Com. ex rel. Geisler v. Claudy, 172 Pa. Superior Ct. 281, 93 A. 2d 873.
Relator was tried and convicted on a bill of indictment in the Court of Oyer and Terminer of Philadelphia County, No. 57, June Sessions, 1943, charging robbery. On June 11, 1943, he was sentenced to a term of not less than five years nor more than ten years in the Eastern State Penitentiary. On April 6, 1949, relator was paroled. He was subsequently arrested and
Answers were filed to relator’s petition and a hearing was held at which relator was present. The. Court of Common Pleas No. 6 of Philadelphia County properly refused the writ and dismissed the petition;
Order is affirmed.