58 Pa. Super. 273 | Pa. Super. Ct. | 1914
Opinion by
The relator pleaded guilty to the second count of ai indictment charging him with receiving a stolen horse, and, on October 5, 1909, was sentenced to imprisonment in the Western Penitentiary for a maximum term of thirty years and a minimum term of seven and one-half years. The indictment did not charge that he had been convicted previously of any offense. Therefore, the limit of imprisonment to which he could have been sentenced lawfully was a maximum term of ten years and a minimum term of two and one-half years: Sec
It is true, the order made in Halderman’s Case differs from that, made in the Bonner case, but the obvious purpose and the practical effect of both orders are the same, namely, to give the trial court opportunity to sentence the prisoner in accordance with law upon the verdict of the jury or his plea of guilty which stands against him. Nor are we convinced that there is any objection of a technical nature to the form of the order
Now, to wit, July 15, 1914, it is ordered and adjudged that the relator be remanded for resentence, and that the record be remitted to the court below, to the end that appropriate process may be issued to bring him into that court for such resentenee in accordance with law.