Commonwealth v. Halderman

Citations

• 59 Pa. Super. 399
• 1915 Pa. Super. LEXIS 88

Syllabus

<p>Criminal law — Sentence—Re-sentence—Acts of May 10, 1909, P. L, 495, and June 19, 1911, P. L. 1055.</p> <p>1. Where a prisoner convicted of burglary, carrying a concealed deadly weapon and wantonly and playfully pointing a pistol, has been sentenced under the provisions of the Act of May 10, 1909, P. L. 495, and the Superior Court has held on a writ of habeas corpus that the sentence was excessive and has remitted the record to the court of oyer and terminer, the latter court cannot, in re-sentencing the prisoner, impose a sentence upon him under the Act of June 19, 1911, P. L. 1055, which went into effect after the first sentence was imposed and at a time when the prisoner was serving imprisonment.</p> <p>2. In such a case, as the lower court had jurisdiction, the original sentence was voidable only as to its excess, and the action of the lower court should have been the correction of the record as to the term of imprisonment by a sentence authorized by the act of May 10, 1909.</p>