Commonwealth Ex Rel. Dion v. Martin’s Empirical Analysis

Citation profile

10 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Relator takes the position that upon his recommitment to the same institution from which he had been paroled—upon his conviction of a crime committed during the parole period—he immediately began serving the unserved balance of his original sentence, and that he has served this in full. He further contends that he has been paroled from the second sentence, for the offense committed while on parole, and therefore he should be released. “We have often stated the law requires that, when a convict is sentenced for a crime committed while on parole to the same institution from which he had been released on parole, service of the remainder of the term originally imposed shall precede the commencement of the term imposed for the later offense . . . “Consequently, the trial court erred in directing the second sentence to be effective as of the date of its imposition, December 9, 1946, and upon relator’s commitment to the Northampton County Prison on such date he began service of the remainder of the original sentence remaining unserved at the time of the parole . . . The order of parole granted by the Board of Parole on December 9, 1950, was without authority under the law in that it was issued prior to the expiration of relator’s minimum term of imprisonment . . . Such order was ineffectual and does not afford relator with probable cause to be delivered”.”

   1 later decision quote this exact passage
   e.g. 193 Pa. Super. 524 - Commonwealth Ex Rel. Cooper v. Banmiller