Commonwealth ex rel. Gallagher v. Martin

Opinion by

Woodside, J.,

The appellant in this case, seeking release from the penitentiary, was denied a writ of habeas corpus by the court below. He had been sentenced in Lebanon County on December 2, 1950, to 18 months to 3 years in the Eastern Penitentiary, and had been paroled two years later on December 2, 1952.

On May 20, 1953, before his 3 year sentence had expired, he was sentenced in Philadelphia for an offense committed there while he was on parole, to another term of 18 months to 3 years in the penitentiary. The Philadelphia sentencing judge stated that the sentence he imposed was to…