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Commonwealth ex rel. Spader v. Burke

Commonwealth ex rel. Spader v. Burke, 90 A.2d 849 (Pa. Super. Ct. 1952)
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Court
Superior Court of Pennsylvania · State Appellate Courts
Decided
July 17, 1952
Docket
Nos. , No. 53
Judges
Aenold, Cueiam, Ditheich, Gunthee, Hiet, Reno, Rhodes, Ross
Citations
90 A.2d 849171 Pa. Super. 2891952 Pa. Super. LEXIS 417

Opinion of the Court — Cueiam

Text extracted by OCR from a scanned original; check the original for exact wording.

Pee Cueiam,

Relator had been indicted and sentenced to the Eastern State Penitentiary on January 3, 1940, by the Court of Oyer and Terminer of Philadelphia County after entering pleas of guilty to five bills of indictment, Nos. 833, 834, 835, 836, and 837, December Sessions, 1939. The sentences were consecutive; and they were endorsed on each indictment, and signed by the trial judge, Honorable Haeey S. McDevitt. 1

On October 18, 1951, relator filed his petition for writ of habeas corpus in the Court of Common Pleas No. 4 of Philadelphia County, contending that the sentences were null and void because the transcript of the proceedings disclosed that the trial judge orally stated that relator was sentenced for a period of not less than twenty years and six months and not in excess of forty-one years. These were the totals of the minimum and maximum sentences.

*291 Hearing was held before Judge Levinthal on the petition for writ of habeas corpus on October 26, 1951, at which relator was present and testified. Thereafter, the petition was dismissed and relator remanded. On December 8, 1951, an appeal was taken to this Court. Briefs were filed by relator and the District Attorney of Philadelphia County; the case was submitted without argument on March 20, 1952. It is admitted that, pending the disposition of this appeal, relator was released on parole by the Pennsylvania Board of Parole on May 29, 1952. As a consequence of the parole relator is no longer in the custody of the Warden of the Eastern State Penitentiary from whose custody, by writ of habeas corpus, relator sought his discharge. Since relator’s release respondent-warden could not produce his body to answer any judgment of the court. A writ of habeas corpus is directed to the person detaining another and commanding him to produce the body. Relator. being no longer. detained by the respondent-warden the proceeding against him has become moot. See Van Meter v. Sanford, 5 Cir., 99 F. 2d 511 ; Ex parte Herrera et al., (Cal.) 137 P. 2d 82 , 86.

Appeal is dismissed.

See Com. ex rel. Scoleri v. Burke, 171 Pa. Superior Ct. 285, 90 A. 2d 847 :

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

Cited by 12 cases

View all citing references →
1952: 11955: 11956: 11959: 21961: 11963: 11965: 11971: 11972: 11986: 12005: 119522026peak 1959 · 2

Relies on it most ⓘ

  1. Commonwealth ex rel. Yambo v. Jennings286 A.2d 909 (Pa. Super. Ct. 1971)
  2. Commmonwealth ex rel. Tiller v. Dye110 A.2d 748 (Pa. Super. Ct. 1955)
  3. Commonwealth v. Caffrey508 A.2d 322 (Pa. 1986)
  4. Commonwealth v. West868 A.2d 1267 (Pa. Super. Ct. 2005)
  5. Commonwealth ex rel. Spader v. Myers173 A.2d 669 (Pa. Super. Ct. 1961)
  6. Commonwealth ex rel. Maisels v. Baldi172 Pa. Super. 19 (1952)

Most recent

  1. Commonwealth v. West868 A.2d 1267 (Pa. Super. Ct. 2005)
  2. Commonwealth v. Caffrey508 A.2d 322 (Pa. 1986)
  3. McGloin v. Warden137 A.2d 659 (Md. 1972)
  4. Commonwealth ex rel. Yambo v. Jennings286 A.2d 909 (Pa. Super. Ct. 1971)
  5. Commonwealth ex rel. Wood v. Maroney215 A.2d 286 (Pa. Super. Ct. 1965)
  6. Commonwealth ex rel. Rutkowski v. Reeder191 A.2d 690 (Pa. Super. Ct. 1963)

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 2

DepthCaseCited by
Commonwealth ex rel. Scoleri v. Burke, 90 A.2d 847 (Pa. Super. Ct. 1952) 21
Van Meter v. Sanford, 99 F.2d 511 (5th Cir. 1938) 19

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