Application Of Caruso.
| Decision Date | 27 May 1947 |
| Docket Number | No. 237.,237. |
| Citation | 53 A.2d 308,135 N.J.L. 522 |
| Parties | Application of CARUSO. |
| Court | New Jersey Supreme Court |
OPINION TEXT STARTS HERE
Proceeding in the matter of the application of Paulo Caruso for a writ of habeas corpus. To review the action of Mr. Justice Porter in discharging writ of habeas corpus, 131 N.J.L. 505, 37 A.2d 277, Paulo Caruso brings certiorari.
Writ of certiorari dismissed.
May term, 1947, before DONGES, COLIE and EASTWOOD, JJ.
Peter P. Walsh, Jr., of Trenton, for prosecutor.
Walter G. Winne and John E. Selser, both of Hackensack, for defendant.
This certiorari was allowed to review the action of the late Mr. Justice Porter in discharging a writ of habeas corpus which issued to test the validity of prosecutor's confinement in the State Prison under a life sentence imposed under the Habitual Criminal Act, R.S. 2:103-10, N.J.S.A.
Prosecutor was indicted by the Bergen County Grand Jury at the September Term, 1941, for the crime of robbery and assault upon one Mary Ghiorsi, and also carrying concealed weapons. Upon trial he was convicted of robbery on January 5, 1942, and on January 16, 1942, was sentenced to life imprisonment as a habitual criminal.
In this indictment there was no allegation of previous convictions.
The December, 1941, Grand Jury indicted the defendant for assault upon one Mary E. Lewis with intent to rob, in which indictment there was a second count charging three previous convictions for high misdemeanors. Upon conviction after jury trial upon this indictment, prosecutor was sentenced to State Prison for life on February 24, 1942. It is this latter conviction and sentence thereunder that the State relies upon as justification for prosecutor's confinement.
The matter came before Mr. Justice Porter on habeas corpus and in discharging the writ he filed an opinion which is reported at 131 N.J.L. 505, 37 A.2d 277. We consider that Justice Porter properly and adequately dealt with the only question that could be presented in this proceeding, namely, the constitutionality of the statute under which the sentence was imposed. In re Rose, 122 N.J.L. 507, 6 A.2d 388. We agree that prosecutor's constitutional rights were not violated, that there was due process of law, that prosecutor was fully apprised of the offense charged against him and that he had ample opportunity to present his defense.
Point two is directed to the validity of the first sentence to life imprisonment imposed on prosecutor on January 16, 1942, which...
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Ex parte Zee
...lack of jurisdiction is indeed the only basis on which he can seek the intervention of this court on habeas corpus. In re Caruso, 135 N.J.L. 522, 53 A.2d 308 (Sup.Ct.1947). There is no doubt that the application of the Habitual Criminal Act depends upon the furnishing of adequate proof of t......
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Caruso, Application of
...the writ of Habeas corpus. The writ was initially allowed, but after consideration by the court wad dismissed. In re Caruso, 135 N.J.L. 522, 53 A.2d 308 (Sup.Ct.1947). Subsequently there appears to have been no endeavor by Caruso to pursue his alleged rights until January 25, 1951 when he a......
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State v. Janiec
...to the effect that trial errors may not be reviewed by habeas corpus when writ of error or appeal should be employed. In re Caruso, 135 N.J.L. 522, 53 A.2d 308, citing In re Rose, 122 N.J.L. 507, 6 A.2d 388, and the Davis and Tremper cases, Cf. In re Graham, 10 N.J.Super. 422, 424, 76 A.2d ......
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State v. Janiec
...That question was passed upon and determined in the case of In re Caruso, 131 N.J.L. 505, 37 A.2d 277 (Sup.Ct.1944); Application of Caruso, 135 N.J.L. 522, 53 A.2d 308 (Sup.Ct. en banc, 1947), wherein the Court of Errors and Appeals, in affirming the opinion of Mr. Justice Porter in the Sup......