The opinion of the court was delivered by: WORTENDYKE
On December 14, 1960 William G. Thompson, a New Jersey State prisoner, filed a petition in this Court for a writ of habeas corpus. By opinion and order filed February 24, 1961, this Court denied that petition.
On March 14, 1961, the same petitioner filed in this Court an 'Application for Leave to File a New Petition for a Writ of Habeas Corpus.' The latter application was accepted and treated by this Court as a petition for reconsideration, and leave was granted to petitioner to submit a supplemental brief, which has been duly considered by this Court.
Petitioner's present contentions are as follows:
1. The medical testimony available to petitioner upon the trial of the abortion indictment was waived by advice of petitioner's counsel.
2. The weight of the testimony of the State's autopsy physician was insufficient to support a conviction.
3. The trial transcript contained alterations and omissions.
4. A witness for the State was addressed by an incorrect title.
5. There were variances between the testimony of witnesses for the State as given upon the trial of the abortion indictment and their testimony upon the trial of the conspiracy indictment.
6. The preserved uterus of the victim of the charged offense was removed from the court room after its demonstrative use by the State's autopsy physician.
7. The initial appellate court failed to pass upon all of petitioner's points for appeal.
8. The venue of the trial was improper.
Each of the foregoing contentions was fully considered by this Court in reaching its conclusion that the petition for writ of habeas corpus should be denied.
The decision of trial counsel for the petitioner to present no medical testimony, and petitioner's acceptance of his attorney's advice to that effect, does not constitute a deprivation of petitioner's right to a fair trial. Jones v. Huff, 1945, 80 ...