Commonwealth ex rel. Phillips v. Myers
Commonwealth ex rel. Phillips v. Myers
Opinion of the Court
Opinion by
This is an appeal from the order of the Court of Common Pleas of Clearfield County refusing a writ of habeas corpus sought by a prisoner now being detained in the State Correctional Institution at Graterford.
The prisoner was transferred to Graterford from the Pennsylvania Industrial School at Camp Hill, to which he was sentenced on July 29, 1958, after pleading guilty to the charge of Receiving Stolen Goods. The prisoner was only 17 years of age at the time of this
He petitioned for his release on the ground that he was sentenced to imprisonment only until he was 21 years of age and that he is now over that age; on the ground that the sentence was for only 3 years, and he has served all of that time, and on the ground that he is now being confined at the State Correctional Institution at Graterford instead of the Pennsylvania Industrial School at Camp Hill, to which he was sentenced.
His contentions are without merit. Although his original commitment to the Industrial School as a juvenile expired under the Juvenile Court Law
The sentencing judge in the court of quarter sessions lacked statutory authority to limit the sentence to the Pennsylvania Industrial School to the time of the convict’s minority (See 61 P.S. §484, supra), and the judge made no effort to limit the sentence to that period. He was merely recommending to the authorities charged with parole that they should not release the prisoner on parole until he became 21 years of age. The sentence was for five years, and the prisoner having been paroled and having violated his parole, can be legally imprisoned until he has served the five year sentence.
The prison authorities have the power to transfer prisoners from the Pennsylvania Industrial School at Gamp Hill to the State Correctional Institution at Graterford. Com. ex rel. Clawges v. Claudy, 173 Pa. Superior Ct. 410, 98 A. 2d 225 (1953); Com. ex rel. Reed v. Maroney, 194 Pa. Superior Ct. 514, 168 A. 2d 800 (1961). See also Com. ex rel. Stranahan v. Banmiller, 190 Pa. Superior Ct. 420, 154 A. 2d 307 (1959).
Order affirmed.
Act of June 2, 1933, P. L. 1433; §12, 11 P.S. §254.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.