Commonwealth ex rel. Dudley v. Healey

Luzerne County Court of Common Pleas

Commonwealth ex rel. Dudley v. Healey

23 Pa. D. & C.2d 799, 1960 Pa. Dist. & Cnty. Dec. LEXIS 251

CourtPennsylvania Court of Common Pleas, Luzerne County

DecidedSeptember 14, 1960

Docketno. 2119

StatusPublished

Cited by1 cases

This text of 23 Pa. D. & C.2d 799 (Commonwealth ex rel. Dudley v. Healey) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Luzerne County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Commonwealth ex rel. Dudley v. Healey, 23 Pa. D. & C.2d 799, 1960 Pa. Dist. & Cnty. Dec. LEXIS 251 (Pa. Super. Ct. 1960).

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Opinion

Pinola, J.,

The petition of the relator, Frank E. Dudley, for writ of habeas corpus is based upon complaint with reference to proceedings had to nos. 22 and 22A, June sessions, 1957.

On or about April 10, 1956, Judge Valentine sentenced Dudley to 11 to 23 months. He served four months, to August 10th.

On March 13, 1957, Dudley was returned to jail for violation of Judge Valentine’s parole and he was later sentenced by the writer for a term from 11 to 23 months. He was paroled on December 24, 1957, and having broken his parole again he was recommitted by the writer on May 12, 1958.

On September 30, 1958, Judge Aponick sentenced Dudley to from one to three years, the sentence to begin at the termination of the sentence imposed by the writer. Judge Aponick then noted on the record that Dudley still had to serve, under the sentence by Judge Valentine, a period of nine months and 21 days, and under the second sentence by the writer a period of 13 months and 20 days, making a total of 23 months and 10 days, to begin May 1, 1958. These periods ended on April 10, 1960, and presently Dudley is serving the sentence imposed by Judge Aponick.

The two previous sentences having been completely served, the questions raised in the petition for the writ of habeas corpus are moot. Accordingly, we enter the following.

Order

Now, September 14, 1960, at 11 a.m., the petition for writ of habeas corpus is denied.

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Pinola, J.,

The petition of the relator, Frank E. Dudley, for writ of habeas corpus is based upon complaint with reference to proceedings had to nos. 22 and 22A, June sessions, 1957.

On or about April 10, 1956, Judge Valentine sentenced Dudley to 11 to 23 months. He served four months, to August 10th.

On March 13, 1957, Dudley was returned to jail for violation of Judge Valentine’s parole and he was later sentenced by the writer for a term from 11 to 23 months. He was paroled on December 24, 1957, and having broken his parole again he was recommitted by the writer on May 12, 1958.

On September 30, 1958, Judge Aponick sentenced Dudley to from one to three years, the sentence to begin at the termination of the sentence imposed by the writer. Judge Aponick then noted on the record that Dudley still had to serve, under the sentence by Judge Valentine, a period of nine months and 21 days, and under the second sentence by the writer a period of 13 months and 20 days, making a total of 23 months and 10 days, to begin May 1, 1958. These periods ended on April 10, 1960, and presently Dudley is serving the sentence imposed by Judge Aponick.

The two previous sentences having been completely served, the questions raised in the petition for the writ of habeas corpus are moot. Accordingly, we enter the following.

Order

Now, September 14, 1960, at 11 a.m., the petition for writ of habeas corpus is denied.

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Bluebook (online)

23 Pa. D. & C.2d 799, 1960 Pa. Dist. & Cnty. Dec. LEXIS 251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-ex-rel-dudley-v-healey-pactcomplluzern-1960.

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