Commonwealth ex rel. Hellinger v. Day

Opinion by

Ervin, J.,

This is an appeal from an order of the Court of Common Pleas of Centre County discharging the rule and dismissing the petition for a writ of habeas corpus.

Arlington P. Hellinger, the relator, was sentenced by the Court of Oyer and Terminer of Lancaster County on December 1,1950 to serve a term of not less than four, nor more than eight years in the Eastern State Penitentiary on a charge of rape. On March 14, 1951 he was transferred to the Rockview Branch of the Western State Penitentiary, Beliefonte, Pennsylvania. He escaped from the Rockview Prison Farm on August 16, 1951…