Commonwealth Ex Rel. Carmelo v. Smith

Opinion by

Mk. Chief Justice Maxey,

The Relator complains because he was refused a parole by the Pennsylvania Board of Parole at its hearing in December, 1942. He avers that this refusal subjects him to “cruel and unusual punishments inflicted” in violation of the Eighth Amendment to the Federal Constitution. He further avers that under the sentences “he has paid the penalty in full.”

The Relator’s petition shows that on the 3rd day of November, 1928, he'was sentenced on three separate indictments to a minimum of 3% years and maximum of 7 years from November 3, 1928, and for a minimum of iy2…