Commonwealth Ex Rel. Pyeatte v. Burke

Opinion by.

Arnold, J.,

The court below dismissed relator’s petition for a writ of habeas corpus, and relator appealed.

In Berks County the relator was convicted of breaking and entering a freight car and larceny, and the court entered a lumping sentence of five to ten years. He. was released on parole after having served the minimum term of five years, whereupon there remained unserved five years of the maximum sentence.

Before the expiration of the maximum sentence, and in 1938, he was convicted of sodomy in Philadelphia County, and sentenced to the Eastern State. Penitentiary for a period of…