# Commonwealth ex rel. Washington v. Russell

> Superior Court of Pennsylvania · February 1, 1966 · 207 Pa. Super. 206

URL: https://www.frixlaw.com/law-library/cases/6285159

## Case

- **Full name:** Commonwealth ex rel. Washington v. Russell
- **Court:** Superior Court of Pennsylvania
- **Decided:** February 1, 1966
- **Citations:** 207 Pa. Super. 206; 216 A.2d 112; 1966 Pa. Super. LEXIS 1096
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Pee
- **Judges:** Ervin, Flood, Hoffman, Jacobs, Montgomery, Pee, Watkins, Wright
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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> The text below was read from a page scan (OCR) and may contain errors.

## Opinion text

Commonwealth ex rel. Washington, Appellant, v. Russell.
Submitted December 13, 1965.
Before Ervin, P. J., Wright, Watkins, Montgomery, Flood, Jacobs, and Hoffman, JJ.

J.ames Washington, appellant, in propria persona.

Ted E. Freedman and Joseph M. Smith, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr.', First Assistant District Attorney, and James G. Grumlish, Jr., District Attorney, for appellee.
February 1, 1966:
Opinion

Pee Curiam,

Order affirmed.

Concurring Opinion by

Montgomery, J.:

I concur in this action. Relator was committed to the State Correctional Institution at Camp Hill on May 13, 1959. On February 8, 1961, he was paroled. On December 17, 1964, he was returned as a convicted parole violator. The Pennsylvania Board of Parole declared him a parole violator on March 8, 1965,

Under relator’s original commitment his maximum term was six years under the Act of July 29,1953, P. L. 1447, §1, 61 P.S. §485, and it would have expired March 13, 1965, had he not violated his parole.- As a .parole violator he lost the time following the day on which he violated his parole. He is required to serve this lost time under the Act of May 1, 1929, P. L. 1183, §1, as amended, 61 P.S. §521. Under the circumstances the Board properly established June 13, 1969, as the new date for the expiration of his original six year sentence.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6285159. Public record. Not legal advice.