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In re Samber

Decided: April 24, 1951.

EX PARTE WILLIAM SAMBER


On petition for writ of habeas corpus and order for correcting sentences.

Hartshorne, J.c.c.

Hartshorne

Defendant claims he is in State Prison under an illegal sentence. He petitions under the rule permitting the court to "correct an illegal sentence at any time." Rule 2:7-13. The court assigned counsel, and heard the cause on the record as agreed on by both the prosecutor and defense counsel, the testimony of the judges who imposed the sentences in question being unavailable by death and otherwise.

In brief, the facts are that on December 17, 1928, for five offenses of breaking, entering, larceny and receiving, defendant was sentenced on the first offense to Rahway Reformatory, while on the four others he was sentenced to seven years in State Prison, consecutively, on each, the operation of such sentences being suspended.

On October 14, 1930, defendant was again sentenced on five allegations as follows:

"Accusation Year Defendant Court Crime

34064 Sept. 1930 William Samber SS BEL&R

34065 Sept. 1930 William Samber SS B&L

34066 Sept. 1930 William Samber SS BEL&R

34067 Sept. 1930 William Samber SS LR&Driv.

34068 Sept. 1930 William Samber SS BEL&R

Disposition: Sentence suspended on the above named defendants and upon the above stated convictions and the ...


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