Commonwealth Ex Rel. Kunkle v. Claudy

Opinion by

Rhodes, P. J.,

This is an appeal by the Commonwealth 1 from an order of a Judge of the Court of Common Pleas of Westmoreland County granting relator’s petition for writ of habeas corpus and discharging him from the custody of the Warden of the Western State Penitentiary. Upon the appeal being taken a supersedeas was granted.

The determinative question is whether relator, having been convicted of a crime while on parole and sentenced to the penal institution from which he had been released on parole, must first serve the remainder of the term originally imposed before the commencement…