Commonwealth v. Ray

Opinion by

Rhodes, P. J.,

The question presented on this appeal is whether section 51 of the Act of March 31, 1860, P. L. 427, 19 PS §831, precludes the conviction and sentence of defendant, Donald L. Ray, for the crime of robbery. When convicted of this felony, defendant was in process of trial for riot, a misdemeanor, for which he was subsequently convicted. It appears that the robbery was committed by defendant, a penitentiary inmate, when he forcibly took a revolver from a guard at the beginning of a riot in which defendant and other inmates of the same institution participated.

Defendant…