Com. Ex Rel. Blattenberger v. Ashe, Warden

Per Curiam,

Petition for writ of habeas corpus.

The relator, Harper Blattenberger, was indicted, tried and found guilty of the larceny of $1,241 currency of the United States from the premises of Eva Fetter in West St. Clair Township, Bedford County (Q. S. Bedford County, 33 May Sessions, 1937), and on Sept. 23, 1937 was sentenced to undergo imprisonment in the Western Penitentiary for and during a period of not less than two and one half years and not more than five years, to be computed from May 9, 1937.

The maximum penalty which could legally be imposed for larceny was imprisonment for three…