Commonwealth ex rel. Patrick v. Banmiller

Opinion by

Woodside, J.,

The petitioner in this habeas corpus case seeks release from the Eastern State Correctional Institution *512(formerly Eastern State Penitentiary) on a writ of habeas corpus filed in the Court of Common Pleas of Allegheny County. After taking testimony and hearing argument, that court dismissed the writ. The prisoner appealed.

The petitioner does not question a sentence of 2% to 5 years imposed in Allegheny County on April 26, 1957, for assault and battery with intent to rape. He does question a sentence of 5 to 10 years imposed for burglary. The sentencing judge directed…