Nelson v. Commonwealth

Opinion by

Judge DiSalle,

This is a petition for review filed by Nathaniel Nelson (Nelson) requesting us to set aside the determination of the Pennsylvania Board of Probation and Parole (Board) recommitting him as a technical parole violator, and to release him from custody and restore bim to parole on the street. By order dated October 27, 1977, we granted Nelson’s motion for expedited review. The Board has raised preliminary objections in the nature of a demurrer.

Such a preliminary objection admits as true all well and clearly pleaded material factual averments and all inferences fairly…