Commonwealth v. Duff

Opinion by

Flood, J.,

This appeal challenges the power of a trial judge who has suspended sentence upon several guilty pleas, to impose a prison sentence upon the pleas upon the defendant’s conviction of a subsequent crime, under the following circumstances:

At various times from 1954 to 1958 the defendant was indicted on six bills charging abortion and two bills charging conspiracy to commit abortion.

On February 24, 1959, he pleaded guilty to all eight bills before Judge Chudoff, who placed him on probation for twenty-three months on one of the bills (June *389Sessions 1954, No. 1135) and suspended…