Legal Opinion
Com. Ex Rel. Arnold v. Ashe, Warden
Superior Court of Pennsylvania
Decided November 13, 1944No. Appeal, 71PublishedCited by 8 opinions
1Opinion of the Court
Argued November 13, 1944. The order of the court below is fully sustained by the well considered opinion of Judge EGAN. It is affirmed on that opinion.
We recognize that the Act of April 29, 1929, P.L. 854,1 which was in force when the sentences were imposed on relator under indictments to Nos. 742 and 743 June Sessions, 1934, provides in section 5 that a person need not be formally indicted and convicted as a previous offender in order to be sentenced for a second or subsequent offense under that act; and that the case ofCom. ex rel. Cody v. Smith, 327 Pa. 311, 193 A. 38, holds that it is not…
2Cases cited3 opinions
- Commonwealth v. MinnichSupreme Court of Pennsylvania · 1915
- Com. Ex Rel. Cody v. Smith, WardenSupreme Court of Pennsylvania · 1937
- Commonwealth v. VitaleSupreme Court of Pennsylvania · 1915
3Cited by8 opinions
- United States Ex Rel. Collins v. Claudy, WardenCourt of Appeals for the Third Circuit · 1953
- Commonwealth v. PalarinoSuperior Court of Pennsylvania · 1951
- Hunter v. StateCourt of Appeals of Maryland · 1949
- Commonwealth Ex Rel. Dermendzin v. MyersSupreme Court of Pennsylvania · 1959
- United States ex rel. Collins v. AsheDistrict Court, W.D. Pennsylvania · 1948
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