commonwealth
pennsylvania
ex
rel
sullivan
ashe
argued
decided
november
wm
hughes
washington
bernard
foley
erie
petitioner
adrian
bonnelly
philadelphia
burton
laub
erie
respondent
justice
butler
delivered
opinion
question
presented
case
whether
consistently
equal
protection
clause
state
may
classify
punishments
imposed
convicts
breaking
penitentiary
authorizing
imprison
period
exceeding
original
sentence
september
petitioner
asserting
illegally
committed
western
penitentiary
pennsylvania
serve
sentence
crime
breaking
prison
applied
highest
state
writ
habeas
corpus
granted
rule
show
cause
hearing
counsel
parties
held
petitioner
lawfully
sentenced
discharged
rule
petition
writ
certiorari
asserts
decision
conflicts
state
lewin
mallon
idaho
state
johnsey
statutes
condemned
kansas
idaho
cases
differ
essentially
pennsylvania
statute
upheld
case
finding
conflict
decision
oklahoma
case
granted
writ
judicial
code
amended
challenged
provision
found
act
march
declares
section
prisoner
imprisoned
penitentiary
upon
conviction
criminal
offense
shall
break
penitentiary
person
shall
guilty
misdemeanor
upon
conviction
said
offense
shall
sentenced
undergo
imprisonment
commence
expiration
original
sentence
like
nature
period
time
exceeding
original
sentence
virtue
imprisoned
broke
prison
escaped
petitioner
pleaded
guilty
crimes
burglary
larceny
sentenced
western
penitentiary
term
three
six
years
december
broke
capture
conviction
sentenced
imprisonment
term
length
commence
expiration
original
sentence
illustrate
inequalities
sentences
permissible
challenged
provision
petitioner
emphasizes
fact
two
convicts
escape
together
circumstances
may
sentenced
different
terms
fact
record
shows
petitioner
escaped
simultaneously
one
mccann
upon
conviction
crime
latter
sentenced
serve
term
equal
original
sentence
one
two
years
fact
terms
imprisonment
may
differ
original
sentences
warrant
condemnation
statute
law
long
recognized
relation
punishment
breach
prison
offense
prisoner
held
severely
punished
prison
breaking
one
undergoing
imprisonment
grievous
crime
done
one
held
lesser
offense
prior
statute
de
frangentibus
prisonam
edw
ii
every
prison
breaking
offender
whatever
crime
committed
felony
punishable
life
member
severity
mitigated
statute
forbade
judgment
unless
breaking
one
committed
capital
offense
breach
escape
one
held
felony
continued
dealt
felony
committed
one
confined
inferior
offense
punishable
high
misdemeanor
fine
imprisonment
harmony
idea
number
deal
offense
severely
committed
one
imprisoned
heinous
offense
long
term
indeed
sustained
classification
punishment
crimes
convicts
upon
basis
sentences
served
time
finley
california
held
statute
prescribing
death
penalty
commission
life
prisoners
assaults
intent
kill
lesser
punishments
laid
upon
convicts
repugnant
equal
protection
clause
principle
similar
punishment
like
crimes
may
made
severe
committed
persistence
crime
failure
earlier
discipline
effectively
deter
reform
justify
drastic
treatment
graham
west
virginia
mcdonald
massachusetts
moore
missouri
plumbly
commonwealth
metc
mass
people
sickles
save
limited
constitutional
provisions
safeguarding
individual
rights
state
may
choose
means
protect
people
criminal
violation
laws
comparative
gravity
criminal
offenses
whether
consequences
less
injurious
matters
determination
collins
johnston
howard
fleming
may
inflict
deserved
penalty
merely
vindicate
law
deter
reform
offender
purposes
determination
sentences
justice
generally
requires
consideration
particular
acts
crime
committed
taken
account
circumstances
offense
together
character
propensities
offender
past
may
taken
indicate
present
purposes
tendencies
significantly
suggest
period
restraint
kind
discipline
imposed
upon
presumably
sentence
bring
served
time
prison
breaking
determined
upon
due
consideration
pertinent
facts
judgment
pronounced
good
evidence
convict
natural
acquired
vent
mind
attitude
toward
law
rights
others
fact
break
prison
shows
still
disposed
evil
determined
remain
hostile
society
sufficient
sustain
classification
made
pennsylvania
statute
punishment
prison
breakers
basis
original
sentences
affirmed
footnotes
none
henceforth
breaketh
prison
shall
judgment
life
member
breaking
prison
except
cause
taken
imprisoned
require
judgment
convict
thereupon
according
law
custom
realm
albeit
times
past
hath
used
otherwise
see
blackstone
hale
pleas
crown
hawkins
pleas
crown
wharton
criminal
law
ed
rex
haswell
commonwealth
miller
ashm
cf
rex
fell
kyle
state
commonwealth
homer
metc
mass
arizona
revised
code
connecticut
revision
idaho
code
indiana
annotated
statutes
maine
revised
statutes
minnesota
mason
statutes
new
york
penal
law
north
dakota
compiled
laws
washington
remington
revised
statutes
wisconsin
statutes