State v. Court Of Common Pleas Of Mercer County, s. 269, 285.

• Decision Date: 14 January 1948
• Docket Number: Nos. 269, 285.,s. 269, 285.
• Parties: STATE v. COURT OF COMMON PLEAS OF MERCER COUNTY et al.
• Court: New Jersey Supreme Court

136 N.J.L. 380

56 A.2d 562

STATE

v.COURT OF COMMON PLEAS OF MERCER COUNTY et al.

Nos. 269, 285.

Supreme Court of New Jersey.

Jan. 14, 1948.

Certiorari proceeding by the State through Walter D. Van Riper, Attorney General, Prosecutor, against the Court of Common Pleas of the County of Mercer, and Joseph Griffin, respondents, to review an order of the Court of Common Pleas directing release of Joseph Griffin who at the time was under sentence in the New Jersey State Prison.

Judgment of Court of Common Pleas reversed.

October term, 1947, before DONGES, COLIE and EASTWOOD, JJ.

Walter D. Van Riper, Atty. Gen., of New Jersey, and Eugene T. Urbaniak, Deputy Atty. Gen., for prosecutor.

John A. Musick, of Trenton, for respondent Joseph Griffin.

EASTWOOD, Justice.

Certiorari has been brought by the State of New Jersey, through the Attorney-General as prosecutor, to review an Order of the Court of Common Pleas of the County of Mercer, dated April 14, 1947, directing the release of the respondent, Joseph Griffin, at that time a prisoner under sentence in the New Jersey State Prison at Trenton.

Fifteen reasons for reversal of the Order of April 14, 1947 have been assigned by the prosecutor of the writ. Of these, we deem the following to be dispositive of the issue. They are:

‘1. Because the said Court of Common Pleas erred in refusing to admit into evidence the records of the Court of Pardons of the State of New Jersey pertaining to the application of Joseph Griffin for the license to be at liberty, subsequently issued by the Court of Pardons and dated June 25, 1946.'

‘4. Because the said Court of Common Please erred in concluding that prison numbers assigned Joseph Griffin on his several offenses had no significance or consequence except as a means of identifying the prisoner and his respective offenses.'

‘6. Because the said Court of Common Pleas erred in concluding that the license to be at liberty, dated June 25, 1946, was intended to apply to any and all previous offenses committed by the said Joseph Griffin, and specifically his prior convictions in the County of Essex in 1934.'

Chronologically, it appears that Joseph Griffin was committed to the New Jersey State Prison on February 16, 1934, by an Order of the Court of Quarter Sessions of Essex County dated February 14, 1934, Griffin having been duly convicted of the crime of Robbery and a sentence imposed upon him of not less than six nor more than ten years. On the same day, February 14, 1934, Griffin was also convicted in the same Court of Quarter Sessions of the crime of Atrocious Assault and Battery and Assault with Intent to Kill, for which a sentence was imposed upon him having a minimum of two years and a maximum of three years. The aggregate minimum on both sentences was eight years and the aggregate maximum thirteen years. Upon these two commitments, Joseph Griffin was assigned the number 16633 on the State Prison records. On July 19, 1939, Joseph Griffin, No. 16633 was granted a license to be at liberty on these two convictions. Griffin was thereupon released, but was shortly thereafter convicted in the Court of Quarter Sessions of Bergen County on March 20, 1940 for the crime of Robbery, on two counts, and received a sentence therefor of not less than ten years nor more than fifteen years on each count, both sentences to run concurrently. Upon his incarceration in the New Jersey State Prison for these convictions, Griffin was assigned Prison No. 21214.

On February 18, 1942 the Court of Pardons, having learned of Griffin's convictions in the Bergen County Court of Quarter Sessions, revoked the previous license to be at liberty granted Griffin on July 19, 1939 for the Essex County convictions.

On June 25, 1946 the Court of Pardons granted to Joseph Griffin, No. 21214, a license to be at liberty, identifying the subject as Joseph Griffin, No. 21214, convicted of the crime of Robbery (2) by the Bergen County Court of Quarter Sessions at the September Term, 1939, said license to be at liberty to be effective as of March 21, 1947.

When the effective date of March 21, 1947 was reached, the Principal Keeper of the New Jersey State Prison terminated the running of the time on the sentence of Joseph Griffin on the Bergen County convictions of Robbery, but detained him at the State Prison under the Essex County convictions previously referred to. Griffin, having been refused his release, applied for and obtained a writ of habeas corpus which was allowed by the Mercer County Court of Common Pleas and came on for trial before that Court on April 14, 1947. As the result of the habeas corpus proceedings the Mercer County Court of Common Pleas ordered the release of Joseph Griffin...