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In re Hill

Decided: January 20, 1949.

IN THE MATTER OF CLARENCE HILL, PETITIONER


On writ of habeas corpus.

Smalley, J.s.c.

Smalley

This matter comes before the court on the duly verified petition of Clarence Hill, an inmate at the New Jersey State Prison, who seeks affirmative relief and asks:

1. That a rule to show cause be granted why a writ of habeas corpus should not issue.

2. That he be permitted to plead in forma pauperis.

3. That he be assigned counsel to perfect and prosecute this action.

4. That he be granted a writ of habeas corpus.

5. That he be discharged from imprisonment.

Counsel for petitioner, in addition to oral argument, has furnished this court with a memorandum in support of the prayers of the petition.

It appears from the petition that Clarence Hill was indicted for first degree murder, entered a plea of not guilty, was tried before the Court of Oyer and Terminer in the County of Mercer at the January Term 1944, and was convicted of murder in the first degree. The jury, pursuant to R.S. 2:138-4, recommended imprisonment at hard labor for life and the court, on December 29, 1944, duly sentenced said Clarence Hill to life imprisonment.

It also appears that on the 5th day of February, 1947, a writ of error having heretofore issued out of the Court of

Errors and Appeals, was dismissed by that Court for ...


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