Criminal law — Practice — Habeas corpus — Factual issues — Necessity of hearing — Parole — Violation — Credit for time on probation.
1. In a habeas corpus proceeding, in which it appeared that relator, who had been returned to Pennsylvania as a parole violator and required to serve his whole period of probation, in prison, without credit for the time spent on parole before commission of the crime during parole, contended that he should retain "street time" and that requiring him to serve it over again in prison violated his constitutional rights, it was Held that relator's contention was without merit.
2. Where, in a habeas corpus proceeding, there are no factual issues for determination, no hearing is necessary, and the case can therefore be disposed of on petition and answer.
Submitted June 13, 1958.
OPINION PER CURIAM, July 17, 1958:
The order of the court below denying relator's petition for a writ of habeas corpus is affirmed on the opinion of President Judge BOK of the Court of Common Pleas No. 6 of Philadelphia County, as reported in 13 Pa. D. C. 2d 113.