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Commonwealth ex rel. Biancone v. Burke

Commonwealth Ex Rel. Biancone v. Burke, Warden.

Commonwealth ex rel. Biancone v. Burke, 66 A.2d 74 (Pa. Super. Ct. 1949)
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Court
Superior Court of Pennsylvania · State Appellate Courts
Decided
May 10, 1949
Docket
Nos. 51, Miscellaneous Docket 6
Judges
PER CURIAM, May 10, 1949:
Citations
66 A.2d 74164 Pa. Super. 4861949 Pa. Super. LEXIS 377

Opinion of the Court — Per Curiam

Per Curiam, This is a petition’for writ of habeas corpus. The relator, Louis J. Biancone, pleaded guilty to five bills of iudictmént (Nos. 132, 132-a, 132-b, 132-c, and 134, September' Sessions, 1948) in the Court of Quarter Sessions of Berks County. Each of these bills charged him with the offense of having unlawfully issued worthless checks. Thereafter, on September 23, 1948, the court sentenced him to serve five consecutive terms of imprisonment in the Berks County Prison — one to two years on bill No. 132, commencing August 11, 1948, and three months to two years on each of the four remaining bills, making an aggregate of two to ten years. Relator was transferred on November 27, 1948, from the Berks County Prison to the Eastern State Penitentiary pursuant to an order made by the Department of Welfare. This- was upon a petition for transfer filed by the Warden of the Berks County Prison, to which the consent of the Court of Quarter Sessions of Berks County was given. The proceeding was under the provisions of section 1 of, the Act of July 11, 1923, P. L. 1044, amended by the Act of April 23, 1929, P. L. 640, 61 PS §72.

Relator’s principal complaint is that the court erroneously imposed indeterminate sentences for the offenses of which he had been convicted. The District Attorney of Berks County concedes the validity of this contention. Punishment for the crime, of issuing worth less, checks, prescribed by-section 854 of .the Act of June 24,1939, P. L. 872,18 PS §4854, is simple imprisonment not exceeding two years, or fine not exceeding one thousand dollars, or both. The imposition of indeterminate sentences in this case was therefore erroneous and should be corrected.

Com. ex rel. Webb v. Cain, 158 Pa. Superior Ct. 222 , 44 A. 2d 606 ;

Com. ex rel. Zambelli v. Smith, 153 Pa. Superior Ct 411, 413, 33 A. 2d 925 .

*488 It is ordered that the prisoner be remanded to the Court of Quarter Sessions of Berks County for resentenee on bills Nos. 132, 132-a, 132-b, 132-c, and 134, September Sessions, 1948, by imposing definite or fixed sentences pursuant to law. See Com. v. Downer, 161 Pa. Superior Ct. 339, 342 , 53 A. 2d 897 ;

Com. ex rel. v. Smith, 324 Pa. 73, 74 , 187 A. 387 .

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1950: 11952: 119502026peak 1950 · 1

Relies on it most ⓘ

  1. Commonwealth v. Schultz87 A.2d 69 (Pa. Super. Ct. 1952)
  2. Commonwealth ex rel. Stuckey v. Burke70 A.2d 466 (Pa. Super. Ct. 1950)

Most recent

  1. Commonwealth v. Schultz87 A.2d 69 (Pa. Super. Ct. 1952)
  2. Commonwealth ex rel. Stuckey v. Burke70 A.2d 466 (Pa. Super. Ct. 1950)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Commonwealth v. Downer, 53 A.2d 897 (Pa. Super. Ct. 1947) 49
Commonwealth ex rel. v. Smith, 187 A. 387 (Pa. 1936) 27
Commonwealth ex rel. Webb v. Cain, 44 A.2d 606 (Pa. Super. Ct. 1945) 7
Commonwealth ex rel. Zambelli v. Smith, 33 A.2d 925 (Pa. Super. Ct. 1943) 6

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