Brown v. Commonwealth
Supreme Court of Pennsylvania
The prisoner was convicted of larceny in the Quarter Sessions of Bucks county, and sentenced to five years imprisonment, in the Eastern Penitentiary on the thirteenth of December, 1831. On the same day he was convicted of a breach of prison, and sentenced to one year’s imprisonment, “ to commence and take effect immediately after the expiration of the sentence passed on him for the larceny of the goods of Hiram Jones.”
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The prisoner was convicted of larceny in the Quarter Sessions of Bucks county, and sentenced to five years imprisonment, in the Eastern Penitentiary on the thirteenth of December, 1831. On the same day he was convicted of a breach of prison, and sentenced to one year’s imprisonment, “ to commence and take effect immediately after the expiration of the sentence passed on him for the larceny of the goods of Hiram Jones.” The first sentence having been reversed on error, the prisoner was brought up on habeas corpus; and now Grimshaw moved to discharge him, because the second sentence had expired…
1Per curiam
The preceding sentence, though erroneous, was not void. On the contrary, it was in full force, till it was reversed, and *260would protect the officer from an action of trespass for false imprisonment. Having been thus in force, it expired, for all legal purposes, at the time of its reversal, and the period of the•subsequent one which was dependent on it, began to run. The confinement which the prisoner has undergone, therefore, is referrible to the prior sentence, and not to the succeeding one, which taking effect from the termination of the former, is yet in force.
Prisoner remanded.
2Cited by12 opinions
- Brown v. Commissioner of CorrectionMassachusetts Supreme Judicial Court · 1958
- In re BloomMichigan Supreme Court · 1884
- State v. MahaneySupreme Court of New Jersey · 1905
- State Ex Rel. Meininger v. BreuerSupreme Court of Missouri · 1924
- Ex parte JacksonSupreme Court of Missouri · 1888
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