Opinion
December 11, 1961.
January 16, 1962.
Criminal Law — Sentence — Parole — Commission of crime while on parole — Service of balance of maximum term of original sentence — Act of June 22, 1931, P.L. 862.
Under the Act of June 22, 1931, P.L. 862, where a defendant who has been released on parole commits another crime during the period of his parole he must serve the remainder of the maximum sentence which had not been served when the parole was granted, without allowance or credit for the time he was on parole and not delinquent.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 353, Oct. T., 1961, from order of Court of Common Pleas No. 2 of Philadelphia County, Dec. T., 1960, No. 3032, in case of Commonwealth ex rel. John T. Forsythe v. William J. Banmiller, Warden. Order affirmed.
Same case in court below: 25 Pa. D. C. 2d 744.
Habeas corpus.
Order entered dismissing petition, opinion by HAGAN, P.J. Relator appealed.
John T. Forsythe, appellant, in propria persona.
Arlen Specter, Assistant District Attorney, Paul M. Chalfin, First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.
Submitted December 11, 1961.
The order of the Court of Common Pleas No. 2 of Philadelphia County is affirmed on the opinion of President Judge PETER F. HAGAN for the court below, reported at 25 Pa. D. C. 2d 744.