Commonwealth Ex Rel. O'Leary v. Ashe, Warden

Opinion by

Keller, P. J.,

The petitioner, Lawrence O’Leary’s sentence for breaking and escaping the penitentiary — No. 513 April Sessions 1925, Allegheny County — -imposed April 21, 1925, to-wit, imprisonment for not less than six years nor more than twelve years, “to begin and take effect at the expiration of any sentence or sentences the defendant may now be serving”, was illegal, in so far as it exceeded the sentence he was -serving when he escaped. This was the sentence on No. 56 November Term, 1923, for five to ten years- in the Western State Penitentiary. It will accordingly be reduced to…