Commonwealth ex rel. McNeair v. Banmiller

Opinion by

Mr. Chief Justice Jones,

This appeal is from an order dismissing a petition for a writ of habeas corpus filed by the appellant, who is now confined in the Eastern State Penitentiary to which he was committed on October 11, 1950, upon being sentenced to life imprisonment for first degree murder.

Some eight years before, he had been convicted of murder in the second degree for a felonious killing for which he had then been sentenced to the Eastern State Penitentiary for a term of 5 to 10 years commencing March 19, 1943. Upon the expiration of the minimum portion of that sentence, viz.,…