Commonwealth ex rel. Stanton v. Francies

Citations

• 250 Pa. 350
• 95 A. 798
• 1915 Pa. LEXIS 948

Syllabus

<p>Criminal law — Imprisonment—Obtaining money under false, pretense — Illegal imprisonment in penitentiary — Habeas corpus. ■</p> <p>, 1. “Imprisonment” or “simple imprisonment” means confinement in the county jail; imprisonment at labor, “by separate or solitary confinement,” means imprisonment in tbe penitentiary or in a suitable county prison.</p> <p>2. A defendant wbo pleads guilty to an indictment charging him with obtaining money under false pretense is liable only to simple imprisonment, and where such a one has been sentenced to imprisonment in the penitentiary he will be relieved of such illegal imprisonment upon a writ of habeas corpus.</p> <p>Practice, Supreme Court — Crimes—Penalties—Discharge.</p> <p>3. Where upon a writ of habeas corpus it appeared that a relator had been illegally imprisoned in the penitentiary for a period of fourteen months for the offense of obtaining the sum of six dollars on false pretense the Supreme Court discharged him.</p>