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IN RE PETITION OF ERNST

72 N.J. Super. 272 (1962)

178 A.2d 109

IN THE MATTER OF THE PETITION OF JOSEPH ERNST FOR A WRIT OF HABEAS CORPUS.

Superior Court of New Jersey, Law Division.

Decided January 31, 1962.

Attorney(s) appearing for the Case

Mr. Chester Apy, appearing for the plaintiff.

SCHALICK, J.S.C.

Joseph Ernst was convicted of murder in the first degree on June 24, 1959. He is confined in the New Jersey State Prison awaiting execution, scheduled to take place during the week of March 11, 1962.

Ernst has filed a complaint seeking a writ of habeas corpus and an order staying execution, alleging a denial of equal protection and due process in that (a) the denial of the "sentencing" jury of a presentence investigation report as per...

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