Commonwealth v. McKenty
Superior Court of Pennsylvania
Appeals, Nos. 179, by relator and defendant, and 220, from order of Q. S. Philadelphia Co., June T., 1909, No. 385, dismissing petition for habeas corpus in case of Commonwealth ex rel. Harry Bates v. Robert J. McKenty, Warden of the Eastern Penitentiary. Petition for writ of habeas corpus. The facts are stated in the opinion of the Superior Court. jError assigned among others in both appeals was order of the court.
1Opinion of the Court
Opinion by
Rice, P. J.,
Henry Bates, the relator, was found guilty of burglary, and thereupon was sentenced to pay a fine of $500 and to undergo imprisonment in the eastern penitentiary for a term of not less than two and one-half years and not more than ten years. Shortly after the expiration of the minimum term of imprisonment a writ of habeas corpus was awarded, by the quarter sessions upon his petition, in which he alleged that he was entitled to discharge on *337the ground that the Act of May 10, 1909, P. L. 495, under which the sentence was imposed, was unconstitutional. After hearing, the…
2Cases cited15 opinions
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