Spurlin v. Department of Corrections Ex Rel. Nardini

WOLCOTT, Chief Justice:

This is an appeal from the denial by the Superior Court of a Writ of Mandamus by which the prisoner sought to compel the Department of Corrections to credit him with an earned diminution of sentence (so-called “good time”) computed pursuant to 11 Del.C. § 4372.

The prisoner was sentenced to a term of five years’ imprisonment for robbery ending on July 16, 1966. He was paroled on January 17, 1964 and violated the terms of his parole by leaving the State without permission. He was returned to the State two years and eight days later. On May 3, 1966 the Board of Parole,…