Commonwealth v. Christina

Dissenting Opinion by

Spaeth, J.:

On August 7, 1972, appellant was sentenced on a conviction of burglary and larceny to serve two to four years in the county prison. On August 11, upon appellant’s petition, the sentencing judge filed an order directing the warden of the prison to permit appellant to leave the prison each working day to do construction work, and directing appellant “to return immediately” to the prison “at the end of the working hours”, and to pay the warden for board. The order concluded by providing :

“This Order may be revoked at any time, with or without notice to petitioner.

“…