Appeal, No. 108 | Pa. Super. Ct. | Jul 21, 1955
Opinion by
Relator filed two petitions for writs of habeas corpus in the Court of Common Pleas of Beaver County. Both petitions were refused and the relator has appealed to this Court at No. 108, April Term, 1955. The orders of the court below will be affirmed.
Relator was indicted in the Court of Oyer and Terminer of Beaver County at No. 2, March Term, 19.52, on a bill containing three counts — burglary, larceny, and receiving stolen goods. On December 21, 1951, petitioner entered pleas of guilty. Sentence was suspended and relator was placed on probation for five years under certain conditions which provided, inter alia, that defendant pay one-half the costs of prosecution and $150 for the use of the County of Beaver, and that, if the conditions of probation were violated, the proposed sentence would be not less than two and one-half years nor more than five years in the Western
In March, 1953, relator had committed a felony outside the Commonwealth, but was not extradited for breach of the conditions of relator’s probation. Thereafter, at Nos. 5, 6, 18, 19, 20, 21, 22, 23, 24, and 26, June Term, 1953, in the Court of Oyer and Terminer of Beaver County, relator was indicted on charges of burglary, larceny, and receiving stolen goods. He was tried and found guilty on bills at Nos. 5 and 6, Juue Term, 1953, on June 11, 1953. On the other indictments he entered pleas of guilty on June 23, 1953. Relator was represented by counsel at No. 2, March Term, 1952, and at the trial on bills Nos. 5 and 6, June Term, 1953.
Relator now complains that he is detained illegally in the Allegheny County Workhouse under concurrent sentences at Nos. 20 and 23, June Term, 1953, and at Nos. 5 and 6, June Term, 1953, and sentence at No. 2, March Term, 1952. Relator’s first contention is that the order of probation constituted a final sentence upon the payment of costs and the $150 for the use of the County of Beaver. There is no merit to this. Com. v. Denson, 157 Pa. Super. 257" court="Pa. Super. Ct." date_filed="1944-12-15" href="https://app.midpage.ai/document/commonwealth-v-denson-3861760?utm_source=webapp" opinion_id="3861760">157 Pa. Superior Ct. 257, 260, 40 A. 2d 895; Com. ex rel. Champion v. Claudy, 171 Pa. Super. 143" court="Pa. Super. Ct." date_filed="1952-07-17" href="https://app.midpage.ai/document/commonwealth-ex-rel-champion-v-claudy-1965901?utm_source=webapp" opinion_id="1965901">171 Pa. Superior Ct. 143, 90 A. 2d 638; Com. v. Moore, 172 Pa. Super. 27" court="Pa. Super. Ct." date_filed="1952-11-12" href="https://app.midpage.ai/document/commonwealth-v-moore-2269466?utm_source=webapp" opinion_id="2269466">172 Pa. Superior Ct. 27, 92 A. 2d 238; Act of June 19, 1911, P. L. 1055, §1, as amended, 19 PS §1051; Act of August 6, 1941, P. L. 861, §25, 61 PS §331.25. Relator does not question the sentences imposed at Nos. 5 and 6, June Term, 1953, after trial and conviction, but
The orders of the court below dismissing relator’s petitions are affirmed.