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COM. ex rel. HESTER v. BD. OF PRO. & PAROLE et al.

Original jurisdiction, No. 223 C.D. 1971.

4 Pa.Commw. 668 (1971)

Commonwealth ex rel. Hester v. Board of Probation and Parole, et al.

Commonwealth Court of Pennsylvania.

March 16, 1971.

Attorney(s) appearing for the Case

C. Robert McCall, Voluntary Defender, for petitioner.

Salvatore Cucinotta, Deputy Attorney General, with him Leonard Packel, Deputy Attorney General, and J. Shane Creamer, Attorney General, for respondents.

Argued October 18, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER and ROGERS.

PER CURIAM OPINION, March 16, 1971:

Petitioner, James E. Hester, challenges the constitutional and statutory power of the Pennsylvania Board of Probation and Parole to require him to serve in custody that portion of time remaining on his original Court imposed sentence when he was first paroled upon his proper recommitment as a convicted parole violator for a crime committed while on such parole. Respondent filed a motion for judgment on the pleadings asserting petitioner...

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