368 Pa. 244 | Pa. | 1951
Opinion by
This is an appeal from the refusal by the Court of Common Pleas of Dauphin County of the relator’s petition for alternative writ of mandamus to compel the Pennsylvania Parole Board and the Superintendent of the Western State Penitentiary to release him from custody because of the alleged expiration of his terms of imprisonment.
The petitioner was sentenced by the Court of Quarter Sessions of Allegheny County on December 2, 1937, to serve in the Western State Penitentiary terms of not less than two nor more than four years on each of five successive bills of indictment, the sentences to run consecutively. Service of the first sentence was made to run from October 27, 1937.
On July 23, 1945, the Governor commuted the petitioner’s minimum sentence of ten years to a minimum of seven years and ten months which expired on August 27, 1945; and on September 4th following, the petitioner was released on parole. On June 17, 1948, the petitioner was returned to prison by the Parole Board, as a violator of the regulations and conditions of his parole, to serve “the remainder of a period equal to the unexpired maximum term of such prisoner, as originally sentenced . . Act of May 1, 1929, P.L. 1182, 61 PS § 310. Inasmuch as his parole violation was of a technical nature rather than by the commission of a crime, he was given credit for the time spent on parole prior to his arrest and recommitment as a violater. See Commonwealth ex rel. Crimmins v. Smith, 118 Pa. Superior Ct. 255, 180 A. 181; cf. Commonwealth ex rel. Meinzer v. Smith, 118 Pa. Superior Ct. 250, 180 A. 179. Thus, the expiration date of the petitioner’s maximum unserved term continues to be October 27, 1957, as originally calculated.
It is the petitioner’s contention that when he was recommitted by the Parole Board as a nonconvieted
Order refusing writ affirmed.