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IN RE SOMERS

43 N.J. Super. 234 (1957)

128 A.2d 295

IN THE MATTER OF THE APPLICATION OF ROBERT C. SOMERS, NEW JERSEY STATE PRISON, FOR ISSUANCE OF WRIT OF HABEAS CORPUS.

Superior Court of New Jersey, Law Division.

Decided January 3, 1957.

Attorney(s) appearing for the Case

Mr. Charles V. Webb, Jr., Essex County Prosecutor (Mr. William Caruso appearing), for State of New Jersey.

Mr. Leslie S. Kohn, for applicant Somers.

WAUGH, J.S.C.

Petitioner, Robert C. Somers, by application for writ of habeas corpus seeks to secure his immediate release from New Jersey State Prison. His incarceration there resulted from the following set of facts.

On May 14, 1956, in the Municipal Court of the City of Newark, petitioner signed a waiver of indictment and trial by jury pursuant to N.J.S. 2A:8-22 and thereafter entered his plea of guilty to a charge of larceny. He was...

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