Commonwealth ex rel. Wagner v. Banmiller

Opinion by

Watkins, J.,

The relator, Bernard Wagner, was convicted of assault and battery and aggravated assault and battery upon his wife. The trial was the result of two indictments, based on an alleged assault on June 5, 1952 and another on July 24, 1952. He was sentenced on September 30, 1952 to serve two terms of one and one-half years to three years each, the second sentence to begin at the expiration of the first.

He was released on parole on November 22, 1955 but on July 9, 1956 he was returned to the State Penitentiary as a technical parole violator.

This relator has filed a series of…