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4 Rawle 259

Brown v. Commonwealth

Supreme Court of Pennsylvania

Decided February 15, 1833

Supreme Court of Pennsylvania · decided 1833-02-15

<p>HABEAS CORPUS.</p> <p>Where a person has been sentenced to imprisonment, for a term to commence immediately after the expiration of a preceding sentence, and the first sentence is reversed upon error, the term of the second begins to run from the time of the reversal of the first.</p>

Cited by 2 later decisions — most recently July 1896

1 federal appellate · 1 district ·

Good law ✅— No negative treatment on recordhow we know

Decided 1833-02-15

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Per Curiam.

¶1The preceding sentence, though erroneous, was not void. On the contrary, it was in full force, till it was reversed, and *260would protect the officer from an action of trespass for false imprisonment. Having been thus in force, it expired, for all legal purposes, at the time of its reversal, and the period of the•subsequent one which was dependent on it, began to run. The confinement which the prisoner has undergone, therefore, is referrible to the prior sentence, and not to the succeeding one, which taking effect from the termination of the former, is yet in force.

¶2Prisoner remanded.

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