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STATE, VAN RIPER v. COURT OF COMMON PLEAS

1 N.J. 14 (1948)

61 A.2d 503

THE STATE OF NEW JERSEY, WALTER D. VAN RIPER, ATTORNEY GENERAL, PROSECUTOR-RESPONDENT, v. THE COURT OF COMMON PLEAS OF THE COUNTY OF MERCER, DEFENDANT, ET AL., DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided October 4, 1948.

Attorney(s) appearing for the Case

Mr. John J. Connell argued the cause for defendant-appellant (Mr. John A. Musick on the brief).

Mr. Walter D. Van Riper, Attorney General, argued the cause for the prosecutor-respondent (Mr. Eugene T. Urbaniak, Deputy Attorney General, on the brief).

The opinion of the court was delivered by HEHER, J.

An order made by the Judge of the former Mercer Court of Common Pleas discharging appellant from imprisonment in the State Prison under sentence upon a conviction of crime was vacated by the late Supreme Court on certiorari; and the prisoner appeals. The case is here pursuant to Article XI, section IV, paragraph 8 of the Constitution of 1947 and chapter 367 of the Pamphlet Laws of 1948.

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