Commonwealth ex rel. Lewis v. Keenan

Opinion by

Woodside, J.,

This is an appeal from the refusal of the Court of Common Pleas of Allegheny County to grant a writ of habeas corpus to a prisoner, who had been sentenced to a term of 5 to 10 years on a charge of violating the Drug Act of July 11, 1917, P.L. 758, as amended.

The prisoner was sentenced on May 2, 1956, under §12 of the above act which, as amended by the Act of June 19, 1953, P.L. 290, provided for a penalty in the following language:1 “. . . upon conviction thereof, shall be sentenced as follows: for a first offense, to pay a fine not exceeding two thousand dollars…