Commonwealth v. Mckee

Campbell, P. J.,

Robert C. McKee, petitioner, has filed a petition under the Post Conviction Hearing Act contesting the validity of a sentence of this court imposed on December 4, 1948, for the crime of prison breach.

*785Richard M. Sharp, Esq., was appointed as petitioner’s counsel, and the district attorney of this county filed an answer. The facts are not in dispute. The issue raised is purely a question of law.

At the time the offense was committed, the Act of June 24, 1939, P. L. 872, sec. 309, was in effect. This section treated prison breach under two circumstances, namely, where the prison…