177 Pa. Super. 520 | Pa. Super. Ct. | 1955
Opinion by
Eelator was found guilty on March 22, 1946, on indictments charging attempted burglary and possession of burglary tools. At the conclusion of the trial the trial judge stated to relator: “Go up and work in the penitentiary for the next five years.” Eelator alleges that this was the only sentence ever pronounced in his presence. The sentence endorsed on the indictment for attempted burglary was “not less than three and a half years nor more than seven years at separate and solitary confinement in the Eastern State Penitentiary, to be computed from March 18, 1946”. Eelator served three and one half years of this sentence and was released on parole on March 18, 1954. He is subject to parole for three and one half years from that date, but avers in his petition for writ of habeas corpus that the sentence should be corrected and that his parole time should be reduced to eighteen months. The court below dismissed the petition.
Judgment affirmed.