Commonwealth Ex Rel. Holly v. Ashe

Opinion by

Mr. Justice Jones,

This matter is here on the petition of the relator for a writ of habeas corpus and separate answers by the *213district attorneys of Fayette and Allegheny Counties and the Warden of the Western State Penitentiary. The material facts are not in dispute.

The petitioner is confined under sentences imposed upon him by the Court of Oyer and Terminer of Fayette County for certain crimes whereof he was duly convicted. He seeks release from detention on the ground that the court’s power to impose sentence had become extinct by prior expiration of the term at which he had been…