Kinsella v. Board of Trustees

Opinion by

Mr. Justice Maxey,

This is an appeal from the dismissal by the court below of plaintiffs petition for a writ of alternative mandamus. The question presented by this record is whether or not the petitioner was entitled on September 30, 1939, to appear before the Board of Trustees Of the Western Penitentiary and apply for his release on parole, under section 8 of the Act of June 19, 1911, P. L. 1055, 61 PS p. 485, Sec. 303, which section provides that “every prisoner confined [in a state penitentiary] upon an indeterminate sentence, whose minimum term of sentence will expire within…