Commonwealth Ex Rel. Whalen v. Banmiller

Opinion by

Wright, J.,

Edward J. Whalen has appealed from an order of Court of Common Pleas No. 5 of Philadelphia County dismissing his petition for a writ of habeas corpus.

On January 21, 1956, on Bill No. 824 July Sessions 1954, charging robbery, Whalen was sentenced by Judge Levinthal to serve a term of not less than seven and one-half years nor more than fifteen years in the Eastern State Penitentiary. On February 28, 1957, on the recommendation of the Board of Pardons, the minimum sentence was commuted by the Governor to a term of eleven months and twenty-eight days. On April 29, 1957,…