Commonwealth ex rel. Backus v. Cavell

Opinion

Per Curiam,

This is an appeal by relator from the dismissal of his petition for writ of habeas corpus as of No. 498, September Term, 1957, in the Court of Common Pleas No. 1 of Philadelphia County. The facts relating to his conviction and sentence are set forth in Com. ex rel. Backus v. Burke, 174 Pa. Superior Ct. 83, 99 A. 2d 910. Relator attempts to raise the question of double jeopardy because his sentence was corrected to conform with the statutory mandate that a person convicted of a crime while on parole and sentenced to the penal institution from which he had been released on…