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Commonwealth ex rel. Forsythe, Appellant, v. Banmiller.

Criminal Law — Sentence — Parole — Commission of crime while on parole — Service of balance of maximum term of original sentence — Act of June 22, 1931, P.L. 862.

Under the Act of June 22, 1931, P.L. 862, where a defendant who has been released on parole commits another crime during the period of his parole he must serve the remainder of the maximum sentence which had not been served when the parole was granted, without allowance or credit for the time he was on parole and not delinquent.

Submitted December 11, 1961.

OPINION PER CURIAM, January 16, 1962:

The order of the Court of Common Pleas No. 2 of Philadelphia County is affirmed on the opinion of President Judge PETER F. HAGAN for the court below, reported at 25 Pa. D. C. 2d 744.

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COM. ex rel. FORSYTHE v. BANMILLER
(Jan 16, 1962)