15 A.2d 359 | Pa. | 1940
Relator avers that he was illegally sentenced on January 24, 1933, in the Court of Oyer and Terminer of Allegheny County. On that date he was sentenced for the following crimes:
(a) No. 7 November Term, 1932, for the crime of Robbery and Receiving Stolen Goods, to a term of not less than 20 years and not more than 40 years.
(b) No. 8 November Term, 1932, for the crime of Robbery and Receiving Stolen Goods, to a term of not less than 20 years and not more than 40 years, sentence to begin at the expiration of the preceding sentence.
(c) No. 12 November Term, 1932, for the crime of Murder in the Second Degree, to a term of not less than 20 years and not more than 40 years, sentence to begin at the expiration of the preceding sentence.
(d) No. 10 November Term, 1932, for the crime of Robbery and Receiving Stolen Goods, to a term for and during the period of his natural life. This sentence to run concurrently with sentences imposed at No. 7, 8 and 12 November Term, 1932.
The relator claims that under the Act of April 29, 1929, P. L. 854, the court should have vacated and set aside all the sentences (a), (b) and (c) at the time the life sentence was imposed. *405
We discussed the above Act of 1929 in the case of Com. exrel. Dugan v. Ashe,
We agree with what the Superior Court said in Com. v. Sutton,
Since the life sentence in the instant case was imposed for a fourth offense not committed after the third conviction, the life sentence in this case was improperly imposed.
It is ordered that the sentence to imprisonment for life indexed to No. 10 November Term, 1932, of the Court of Oyer and Terminer of Allegheny County, be vacated and the court is directed to re-sentence the prisoner on that indictment, according to law.