Commonwealth ex rel. Lepera v. Burke

Opinion by

Ross, J.,

On July 20,1939 relator, Louis T. Lepera, was tried and convicted in Philadelphia County under two indictments charging him with assault and battery, aggravated assault and battery, assault and battery with intent to ravish, attempted rape and rape on two sisters. Consecutive sentences of 5 to 10 years in the Eastern State Penitentiary were imposed.

On July 14, 1949 relator was paroled. On April 23, 1952 he was given a preliminary hearing before a judge of the Municipal Court of Philadelphia County, *629sitting as a committing magistrate, on charges of assault and battery,…