Legal Opinion

Commonwealth Ex Rel. Lewis v. Ashe

Supreme Court of Pennsylvania

Decided July 3, 1939No. 1039PublishedCited by 20 opinions

1Opinion of the Court

Per Curiam,

As far as the relator complains of errors alleged to have occurred in the course of his trial, he cannot obtain relief by habeas corpus. Such a writ cannot be made the substitute for an appeal: Com. ex rel. Sullivan v. Ashe, 325 Pa. 305, 310.

Relator was sentenced on April 15, 1926, on two bills of indictment, each sentence being for not less than five nor more than ten years, the two terms to run consecutively. Relator assumes that the first term expired on April 15, 1931. At that time he was entitled to apply for a parole from further service of his first sentence, and, had such…

2Cases cited4 opinions

  1. Commonwealth v. AsheSupreme Court of Pennsylvania · 1935
  2. Commonwealth Ex Rel. McGinnis v. AsheSupreme Court of Pennsylvania · 1938
  3. Commonwealth Ex Rel. Sullivan v. Ashe, WardenSupreme Court of Pennsylvania · 1936
  4. Commonwealth Padmonsky v. Smith, WardenSuperior Court of Pennsylvania · 1937

3Cited by20 opinions

  1. Commonwealth Ex Rel. Stevens v. MyersSupreme Court of Pennsylvania · 1965
  2. Commonwealth Ex Rel. Marelia v. BurkeSupreme Court of Pennsylvania · 1950
  3. Commonwealth Ex Rel. Lycett v. Ashe, WardenSuperior Court of Pennsylvania · 1941
  4. Com. Ex Rel. Lockhart v. MyersSuperior Court of Pennsylvania · 1960
  5. Commonwealth Ex Rel. Sleighter v. BanmillerSupreme Court of Pennsylvania · 1958

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