Commonwealth v. Chief, Bureau of Charities & Correction

Sloane, J.,

A magistrate, in summary proceeding, sentenced this relator to one year in the house of correction on the charge “idle and disorderly person”. He came to me into quarter sessions on habeas corpus (Act of June 2,1871, P. L. 1301, sec. 13, 61 PS §682) claiming unauthorized imposition of sentence. (See Commonwealth v. Falls et al., 107 Pa. Superior Ct. 129, 131 (1932), allocatur to Supreme Court refused, 107 Pa. Superior Ct. xxv.)

The magistrate’s “return of proceedings” is a bare record, with no showing of sworn, or even unsworn, testimony, with no basis for the conclusion. All there…