COM. ex rel. LAUGHMAN v. BURKE

Criminal law — Sentence — Revocation — Resentence — Adjourned session before first day of succeeding term.

Where it appeared that relator had been sentenced on indictments charging him with burglary and larceny, and that thereafter, after he had escaped from the county jail, he was returned to court and, at an adjourned session of the court held prior to the first day of the term of court next succeeding that term in which he was originally sentenced, the court revoked the original sentences and in lieu thereof imposed increased sentences, it was Held that (1) the adjourned session of court was a part of the term in which the original sentences had been imposed and (2) the term of court not having expired, the court had power to revoke the sentences and to resentence defendant.

Argued March 10, 1952.