Com. Ex Rel. Miller v. Ashe

Opinion by

Keller, J.,

William P. Miller was indicted in the court of quarter sessions of Erie County for sodomy. The indictment contained two counts. He was convicted generally and sentenced on May 15, 1915 to an indefinite term in the Western Penitentiary, with a maximum of twenty years and a minimum of fifteen years. See Act of June 19, 1911, P. L. 1055, sec. 6, then in force.

In this petition for writ of habeas corpus he contends that the sentence so imposed was illegal and void for two reasons: (1) That the two counts grew out of the same transaction and were committed at the same time, and…