Halderman's Case

Citations

• 53 Pa. Super. 554
• 1913 Pa. Super. LEXIS 218

Syllabus

<p>Criminal law — Sentence—Two previous convictions — Indictment— Act of May 10,1909, sec. 6, P. L. 435.</p> <p>1. Under, the Act of May 10, 1909, sec. 6, P. L. 495, which provides “that when a person shall have twice before been convicted, sentenced and imprisoned in a penitentiary for a term of not less than one year for any crime .... the court shall sentence the said person to a maximum of thirty years,” a person cannot be sentenced to such maximum unless the two prior convictions are averred in the indictment. In such a case the two prior offenses become a part of the description of, and give quality to the crime for which a third conviction is sought.</p> <p>2. Where a prisoner shows in habeas corpus proceedings that he has been wrongfully sentenced under the Act of May 10, 1909, P. L. 495, to a maximum of thirty years, the court will not discharge him but will remand him for resentence in accordance with the law.</p>