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Commonwealth v. Wright

Citations

  • 126 Pa. 464
  • 17 A. 620
  • 1889 Pa. LEXIS 899

Syllabus

<p>'1. A convict in the penitentiary will not be discharged by the Supreme Court on writ of habeas corpus, where the records of his conviction show that the ground of his alleged illegal detention arose from the slip or misprision of the clerk in recording his sentence.</p> <p>2. In such case, the writ will be refused and the petition dismissed, without prejudice, however, to the petitioner’s right to apply for such writ to the court in which he was convicted, and the records will be remitted with leave to that court to amend the same as justice may require.</p>

Judges: Clark, Green, Mitchell, Paxson, Sterrett

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