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IN RE APPLICATION OF DeFALCO

9 N.J. 236 (1952)

87 A.2d 707

IN THE MATTER OF THE APPLICATION OF NICHOLAS DeFALCO, APPELLANT, FOR WRIT OF HABEAS CORPUS.

The Supreme Court of New Jersey.

Decided April 7, 1952.

Attorney(s) appearing for the Case

Mr. Joseph Schoenholz argued the cause for appellant.

Mr. Eugene T. Urbaniak, Deputy Attorney-General, argued the cause for the State (Mr. Theodore D. Parsons, Attorney-General of New Jersey, attorney).

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

The appellant was convicted under an indictment charging he had engaged in bookmaking "contrary to the provisions of R.S. 2:135-3" and was sentenced to a fine of $1,000 and imprisonment for two to five years. He paid the fine and went to jail. His conviction was affirmed by the Appellate Division, 8 N.J.Super. 295 (1950). The issue now before us, sought to be...

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