Commonwealth Ex Rel. Godfrey v. Banmiller

Opinion by

Mr. Justice Eagen,

This is an appeal from a decision of the Superior Court affirming an order of the lower court dismissing appellant’s petition for a writ of habeas corpus.

The facts are not in dispute. On February 27, 1934, Godfrey, the appellant, pleaded guilty in the Philadelphia county court to an indictment (No. 845 February Sessions, 1934) charging “entering with an intent to steal.” He was sentenced to a term of not less than four years nor more than eight years in the Eastern State Penitentiary to commence at the expiration of a sentence he was then serving of from three to…