Commonwealth Ex Rel. v. Smith

Opinion by

Mr. Justice Maxey,

This case comes before us on relator’s petition for a writ of habeas corpus filed in this court.

The relator, Horatio Kent, was on March 22, 1924, committed to the Eastern State Penitentiary for a term of not less than one year nor more than six years, for burglary, breaking and entering, larceny and escape. On March 22, 1925, at the expiration of the minimum sentence of one year, he was released on parole. On October 12, 1928, he was arrested at Elmira, New York, charged with burglary, third degree, and petit larceny, and was thereafter convicted and sentenced on…