201 Pa. Super. 118 | Pa. Super. Ct. | 1963
Opinion by
This is an appeal by relator from an order of the Court of Common Pleas of Washington County dismissing his petition for a writ of habeas corpus without a hearing.
In his petition filed in the Court of Common Pleas of Washington County on September 14, 1962, relator contended, as he does here on appeal, that, since he was not convicted until after his maximum sentence would have expired, he cannot be required to serve the balance of his maximum sentence. In this connection relator relies upon section 10 of the Act of June 19, 1911, P.L. 1055. Section 10 of the Act of June 19, 1911, P.L. 1055 as amended by the Act of June 22, 1931, P.L. 862, 61 PS §305, provides: “If any convict released on parole, as provided for in this act, shall, during the period of his or her parole, or while delinquent on said parole, commit any crime punishable by imprisonment for which he or she is at any time thereafter convicted in any court of record and sentenced to any place of confinement other than the penitentiary
In any event, the question raised by relator on the present appeal is ruled by section 21.1 of the Act of August 6, 1941, P.L. 861, which section was added to the Act of 1941 by the Act of August 24, 1951, P.L. 1401, 61 PS §331.21a. This act reads in part:
“(a) Convicted violators. Any parolee under the jurisdiction of the Pennsylvania Board of Parole released from any penal institution of the Commonwealth who, during the period of parole or while delinquent on parole, commits any crime punishable by imprisonment, for which he is convicted or found guilty by a judge or jury or to which he pleads guilty or nolo contendere at any time thereafter in a court of record, may, at the discretion of the board, be recommitted as a parole violator. If his recommitment is so ordered, he shall be reentered to serve the remainder of the term which said parolee would have been compelled to serve had he not been paroled, and he shall be given no credit for the time at liberty on parole. The board may, in its discretion, reparole whenever, in its opinion, the best interests of the prisoner justify or require his release on parole and it does not appear that the
As it relates to the question here raised, the Act of June 19, 1911, P.L. 1055, as amended by the Act of June 22, 1931, P.L. 862, 61 PS §305, has been repealed by implication by the general repeal provision of the Board of Parole Act of August 6, 1941, P.L. 861, and the amendment and supplement of August 24, 1951, P.L. 1401, 1405, 61 PS §331.1 et seq.
The parole is revocable on breach of certain specified conditions. The requirement that relator serve the balance of the unexpired term is not invalid on the
The single legal question presented by relator’s petition was without merit and no hearing was necessary thereon. Com. ex rel. Coffman v. Keenan, 198 Pa. Superior Ct. 80, 82, 182 A. 2d 288.
The order of the court below is affirmed.
Recommitment of parole violators of the type here involved is now made under section 21.1 of the Pennsylvania Board of Parole Act. The material difference (which is not involved in the present appeal) between the Act of June 19, 1911, P.L. 1055, as amended, and the Board of Parole Acts of 1941 and 1951, is that, under the Acts of 1941 and 1951, the recommitted prisoner, while he must serve the balance of his term, is not required to do so “without commutation,” but, in the discretion of the board, may be reparoled. Com. ex rel. Salerno v. Bammiller, 189 Pa. Superior Ct. 156, 162, 149 A. 2d 501; Com. ex rel. Haun v. Cavell, 190 Pa. Superior Ct. 346, 354, 154 A. 2d 257.