199 Pa. Super. 144 | Pa. Super. Ct. | 1962
Opinion by
This is an appeal from the order of the Court of Common Pleas of Lancaster County dismissing the relator appellant’s petition for a writ of habeas corpus. On December 16, 1960, Samuel Shireman Speese, the appellant, pleaded guilty to a charge of obtaining property by false pretense and Avas sentenced on the same day by the Court of Quarter Sessions of Lancaster County to a fine of $25 and to undergo imprisonment in the Lancaster County prison for a period of six (6) months.
The only question raised by the petitioner is whether the sentences in Clinton and Lancaster counties should not be served concurrently. This question has been disposed of by this Court in Com. ex rel. Pitts v. Myers, 196 Pa. Superior Ct. 277, 175 A. 2d 331 (1961), where we held that sentences imposed by different courts, at different times, to separate and distinct county prisons, are presumably consecutive where the sentences are silent on the concurrent or cumulative character of the imprisonment. As was said by President Judge Rhodes, at page 282, “The presumption that sentences are to run concurrently has no application where the sentences are imposed by different courts to be served in separate and distinct institutions.”
Order affirmed.