Commonwealth Ex Rel. Schenck v. Banmiller

Opinion by

Gunther, J.,

This is an appeal from the dismissal of a petition for writ of habeas corpus. On April 14,1948, appellant, William Schenck was sentenced, after a plea of guilty to each of two indictments charging sodomy, to consecutive terms of not less than five nor more than ten years in the Eastern State Penitentiary. He was represented by counsel but no appeals were taken from these sentences. Being a parole violator, relator was required to serve a prior sentence so that the ten year minimum on the sentences here involved will expire in October, 1960.

In 1953, appellant filed a…