Commonwealth v. Ripka

Fleming, P. J.,

Counsel having presented a petition for the discharge from custody of the above-named defendant under the Act of June 4, 1901, P. L. 404, the court has heretofore declined to entertain such petition.

We are now firmly of the opinion that the matter is ruled decisively by the case In re Insolvency of Hogan, 83 Pa. Superior Ct. 221, and that the defendant, having served an actual confinement of three months and more, is entitled to have the prayer of his petition granted and to be discharged under the Insolvent Act of 1901.

In order that all may be duly advised, we here state that…