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State v. Roleson

Decided: October 6, 1952.

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
KENNETH G. ROLESON, DEFENDANT-APPELLANT



McGeehan, Bigelow and Smalley. The opinion of the court was delivered by Smalley, J.s.c. (temporarily assigned). Bigelow, J.A.D. (concurring).

Smalley

Defendant-appellant is confined in the State's Prison Farm at Rahway. He appeals from the denial of his application for a writ of habeas corpus by the Mercer County Court.

The defendant was charged in 22 indictments for issuing and uttering "bad checks" in violation of R.S. 2:134-17. He was first arraigned on 21 of these indictments and pleaded "not guilty." On November 21, 1949 the State moved the 21 indictments for trial. Defendant retracted his former plea of "not guilty" and pleaded "non-vult" to all of these indictments.

On December 22, 1949 the Passaic County Court imposed the following sentences:

"On indictment No. 412 -- State Prison 1-2 years. Suspended. Fine $1,000, payable weekly on probation. Probation 5 years.

On indictments No. 413, 414, 415, 416, 417 and 418 -- State Prison 1-2 years to run consecutively on each indictment to follow in the order of their respective numbers.

On Indictments No. 419, 420, 421, 422, 425, 426, 427, 428, 429, 444, 524, 525, 526 and 527 -- State Prison 1-2 years to run concurrently with Indictment No. 418. Suspended and probation 5 years."

During all of these proceedings defendant was then represented by counsel. The practical result of the sentences as imposed placed defendant on probation for a period of 5 years and directed him to pay a fine of $1,000 in weekly installments during and over the period of probation.

As a result of an admitted violation of the probation and the failure to pay on the account of the fine, defendant was adjudged at a hearing of being in violation of his probation and thereupon sentenced on April 14, 1950 as follows:

"On Indictment No. 412 -- State Prison 1-1 year.

On Indictments No. 413, 414, 415, 416, 417 and 418 -- State Prison 1-1 year to run consecutively on each indictment to follow in the order of their respective numbers.

On Indictments No. 419, 420, 421, 422, 425, 426, 427, 428, 429, 444, 524, 525, 527 (1949), State Prison 1-1 year, each to run ...


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