Opinion
April 20, 1957.
Criminal law — Sentence to imprisonment in Pennsylvania Industrial School — Subsequent transfer to Western State Penitentiary — Validity of transfer.
In this habeas corpus proceeding in which it appeared that the relator had pleaded guilty to an indictment for murder in the perpetration of a robbery and had been adjudged guilty of murder of the first degree; that at the time of sentence the relator was a minor and was sentenced to serve a term of imprisonment in the Pennsylvania Industrial School at Camp Hill for the term of his natural life; and that two years later by order of the Secretary of Welfare the prisoner was transferred to the Western State Penitentiary, it was Held, that the transfer was legal and that the court below had properly dismissed the petition for a writ of habeas corpus.
Submitted March 25, 1957. Before JONES, C. J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN JJ.
Appeal, No. 80, March T., 1957, from order of Court of Common Pleas of Allegheny County, July T., 1956, No. 3120, in case of Commonwealth ex rel. Ellwood Marsh v. Angelo C. Cavell, Warden. Order affirmed.
Same case in court below: 8 Pa. D. C.2d 80.
Habeas corpus. Before GRAFF, J., specially presiding.
Order entered dismissing petition. Relator appealed.
Ellwood Marsh, appellant, in propria persona.
Edward C. Boyle, District Attorney, William Claney Smith and Wendell G. Freeland, Assistant District Attorneys, for appellee.
The order appealed from is affirmed on the opinion of Judge GRAFF, specially presiding in the court below.