Legal Opinion

Commonwealth Ex Rel. v. Ashe, Warden

Supreme Court of Pennsylvania

Decided January 3, 1944No. Misc. Docket 1315PublishedCited by 32 opinions

1Opinion of the Court

Opinion by

Mr. Chief Justice Maxey,

The petition for writ of habeas corpus in this case sets forth that the petitioner, an inmate of the Western Penitentiary, on his plea of guilty, was convicted of forgery and sentenced for not less than two years nor more than four years. Two years have just expired and he has been refused a parole.

The petition admits “that the sentence imposed by Judge Braham (was) valid and lawful . . . /’but avers that he was deprived of a fair and impartial hearing before the Parole Board created under the State Parole Act of August 6,1941, P. L. 861, 61 PS 331.1 et seq.,…

2Cases cited4 opinions

  1. Commonwealth Ex Rel. McGlinn v. SmithSupreme Court of Pennsylvania · 1942
  2. Passmore Williamson's CaseSupreme Court of Pennsylvania · 1855
  3. Commonwealth Ex Rel. Penland v. AsheSupreme Court of Pennsylvania · 1941
  4. Commonwealth Ex Rel. Wall v. SmithSupreme Court of Pennsylvania · 1942

3Cited by32 opinions

  1. Wayne Paul Burkett v. William Love, Superintendent, Answering Blair County District AttorneyCourt of Appeals for the Third Circuit · 1996
  2. Weaver v. Pennsylvania Board of Probation & ParoleCommonwealth Court of Pennsylvania · 1997
  3. Gillespie v. DEPT. OF CORR.Commonwealth Court of Pennsylvania · 1987
  4. Commonwealth v. McDermottSupreme Court of Pennsylvania · 1988
  5. United States Ex Rel. Bogish v. TeesCourt of Appeals for the Third Circuit · 1954

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