Legal Opinion

Commonwealth Ex Rel. Wall v. Smith

Supreme Court of Pennsylvania

Decided November 25, 1942No. 60 Misc. Docket 8PublishedCited by 18 opinions

1Opinion of the Court

Opinion by

Mb. Justice Maxey

Frank Wall, an inmate of the Eastern Penitentiary, petitions for a writ of habeas corpus, averring that he is unjustly deprived of his liberty. On March 10, 1930, he received a minimum sentence of five years on one conviction for the larceny of an automobile and on March 11, 1930, he received a second sentence of two years for larceny of another automobile, the two sentences to be served consecutively. The maximum sentence in each case was double the minimum.

He states that when he was first sentenced to the penitentiary in March, 1930, his two sentences were “lumped…

2Cases cited2 opinions

  1. Commonwealth Ex Rel. McGlinn v. SmithSupreme Court of Pennsylvania · 1942
  2. Commonwealth v. AsheSupreme Court of Pennsylvania · 1935

3Cited by18 opinions

  1. Commonwealth Ex Rel. Lerner v. Smith, WardenSuperior Court of Pennsylvania · 1942
  2. Commonwealth v. DessusSuperior Court of Pennsylvania · 1969
  3. Commonwealth Ex Rel. v. Ashe, WardenSupreme Court of Pennsylvania · 1944
  4. Commonwealth ex rel. Carmelo v. BurkeSuperior Court of Pennsylvania · 1951
  5. Berry v. WolffNebraska Supreme Court · 1975

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