Commonwealth ex rel. Speaks v. Rundle

Concurring and Dissenting Opinion by

Jacobs, J.:

I agree with the majority that the lower court did not suspend sentence on the remaining forty-nine indictments when it sentenced the relator under the Barr-Walker Act on April 3, 1955. However, I am of the opinion that the judge in resentencing on May 17, 1963 exceeded his powers when he imposed two consecutive sentences of not less than five nor more than fifteen years on Bills Nos. 940 and 970.

The Barr-Walker sentence of from one day to life is a single sentence and, in my view, the judge in writing “See Sentence on Bill No. 938 Oct. 1955” on…