Commonwealth Ex Rel. Gearhart v. Cavell

Opinion by

Gunther, J.,

This appeal is from the dismissal of relator’s petition for writ of Habeas Corpus. At No. 1 June Sessions, 1955, relator, Carl Sylvester Gearhart, entered pleas of guilty to two separate charges of burglary and was sentenced to a term of not less than two nor more than four years in the State Penitentiary. Previous to this sentence, relator was on parole from a sentence of two to fifteen years in the Western State Penitentiary imposed in 1952. When he was returned to the Western State Penitentiary, he began serving his back time for violation of parole and was still…