Commonwealth Ex Rel. Harding v. Smith

Per Curiam,

The petitioner is entitled to his discharge. On August 4, 1919 he was legally sentenced to the Western State Penitentiary on two bills, Nos. 50 and 51 October Sessions, 1919, Blair County, as follows:

No. 50 — For not less than two years nor more than three years.

No. 51 — For not less than one year and nine months, nor more than two years, to begin at the expiration of sentence to No. 50.

On September 10, 1919, while imprisoned under sentence to No. 50 aforesaid, he escaped from the penitentiary. He was recaptured and on February 26, 1924 (No. 89 February Sessions 1920, Allegheny…