Commonwealth ex rel. Milk v. Maroney

Opinion by

Montgomery, J.,

In this habeas corpus proceeding relator, James Milk, raises two questions:(a) When a sentence is suspended with the condition that it will be imposed upon violation of the law in the future, is a conviction, in accord with due process of law, necessary before the said suspended sentence can be imposed?(b) The legality of his present sentence.

Relator, while serving a sentence of 10 to 20 years *444in the Western State Diagnostic and Correctional Institution, escaped. He was apprehended, indicted, plead guilty, and was sentenced 7y2 to 15 years, but his sentence was…