Commonwealth ex rel. Carroll v. Myers

Waters, J.,

Petitioner has appealed from -the decision of this court refusing his petition for a writ of habeas corpus.

Petitioner and two other defendants were convicted on July 29, 1958, of burglary with intent to commit a felony: to wit, larceny, as of July sessions, 1958, no. 453. He was tried before the Honorable Maurice W. Sporkin sitting without a jury. A sentence of one -to three years in the Eastern State Penitentiary was imposed on each defendant. In his petition, petitioner states he was paroled on July 29, 1959; the superintendent’s answer asserts that he was released by parole on…