Commonwealth Ex Rel. Magarahan v. Burke

Opinion by

Rhodes, P. J.,

This is an appeal from the order of the Court of Common Pleas No. 5 of Philadelphia County dismissing relator’s petition for writ of habeas corpus. A rule to show cause was allowed upon filing of the petition, and a hearing, was held at which relator was present and testified.

Relator’s contention is that he has been arbitrarily denied credit for the time spent on parole, and that he should have been discharged on April 5, 1951. The facts are not in dispute. ■

Relator was arrested on March. 26, 1941, and entered a plea of \ guilty oh bill- of- indictment. No. 171, April…