Commonwealth ex rel. Young v. Day

Opinion by

Woodside, J.,

This is an appeal from the refusal of the Court of Common Pleas of Schuylkill County to grant a writ of habeas corpus to the relator, a prisoner at the State Penitentiary at Graterford.

The relator questions the power of the sentencing judge to revoke a sentence and impose another which increases the penalty, evén though done within the same term of court.

*278The petition was properly dismissed as repetitious of a previous petition which had been refused and from which no appeal was taken. Furthermore it is without merit.

President Judge Palmer sentenced relator on a number…