Commonwealth Ex Rel. Billman v. Smith, Warden

Opinion by

Keller, P. J.,

Petitioner, Edward Billman, was jointly indicted with one Stehlik in the Court of Oyer and Terminer of Philadelphia County, to No, 1183 September Sessions 1940, for burglary. He was tried on October 3, 1940 and found guilty and was sentenced the same day to separate and solitary confinement in the Eastern State Penitentiary for not less than two and a half years nor more than five years. Petitioner had a criminal record, and at the time of sentence, in reply to questions of the trial judge, he stated that he had been out of the penitentiary for about a year — since…