Commonwealth Ex Rel. Stauffer v. Ashe, Warden

Pee Cubiam,

This petition for writ of habeas corpus is premature: Com. ex rel. Padmonsky v. Smith, 127 Pa. Superior Ct. 24, 191 A. 684.

The relator is admittedly lawfully confined in the Western State Penitentiary under a sentence imposed by the Court of Oyer and Terminer of Butler County (No. 1 December Term, 1929), which, by reason of his having pleaded guilty to the commission of a crime in Clarion County, (No. 27 August Sessions, 1937), while on parole from his sentence in Butler County, will not expire until January 27, 1946, and under the law is not subject to commutation.

The question he…