On application for writ of habeas corpus.
Clapp, Goldmann and Ewart. The opinion of the court was delivered by Ewart, J.A.D.
This is an appeal from an order of the Law Division of the Superior Court (Bergen County) entered July 9, 1953 denying petitioner's application for a writ of habeas corpus.
Petitioner is now confined in the State Prison under a sentence imposed upon him on January 26, 1953 by the judge of the Criminal Judicial District Court of Bergen County upon his conviction under an accusation charging the offense of grand larceny in violation of N.J.S. 2 A:119-2 in that he did, on December 12, 1952, in the Borough of East Rutherford in the County of Bergen, steal and carry away ten checks and currency together having a value of $578.50, being goods and chattels of Floyd Vreeland. Upon his conviction he was sentenced to a term of not less than two nor more than three years in State's Prison.
A chronology of events leading to petitioner's conviction and sentence is as follows:
December 12, 1952 -- petitioner was arrested in Rutherford on the aforesaid charge.
December 15, 1952 -- court assigned Attorney Frank P. Lucianna to represent petitioner.
December 22, 1952 -- petitioner signed a written waiver of indictment and of trial by jury and entered a plea of non vult to the accusation.
January 20, 1953 -- the judge of the Bergen County Court referred the case to Irving S. Reeve, judge of the Criminal Judicial District Court of Bergen County for trial, etc.
January 26, 1953 -- petitioner was sentenced for a term of not less than two nor more than three years in State Prison. Thereupon, through his attorney, he moved to withdraw the plea of non vult and to enter a plea of not guilty.
February 6, 1953 -- the judge of the Criminal Judicial District Court granted the petitioner's motion to withdraw his plea and recalled the sentence imposed January 26, 1953.
March 4, 1953 -- petitioner was tried, found guilty and the court imposed a sentence of not less than two nor more than ...