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STATE v. PAYNE

17 N.J. Super. 561 (1951)

86 A.2d 421

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN PAYNE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 8, 1951.

Attorney(s) appearing for the Case

Mr. John Payne, pro se.

Mr. Richard J. Congleton, Essex County Prosecutor, for the respondent (Mr. C. William Caruso, Legal Assistant to the Prosecutor, on the brief).

Before Judges McGEEHAN, JAYNE and WM. J. BRENNAN, JR.

The opinion of the court was delivered by McGEEHAN, S.J.A.D.

On April 27, 1948, the appellant was convicted in the Essex County Court of Quarter Sessions of the crime of breaking and entering with intent to commit rape and also as a second offender. He was sentenced on May 12, 1948, to State Prison for a term of not less than 12 nor more than 24 years. On October 20, 1950, the Mercer County Court denied his application for the issuance of a writ of habeas corpus...

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