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State v. Davis

Decided: June 18, 1965.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
SINCLAIR DAVIS, DEFENDANT-PETITIONER



Criminal action. On application for post-conviction relief.

Fusco, J.s.c. (orally).

Fusco

This is an application by Sinclair Davis for post-conviction relief under R.R. 3:10A.

From a review of the record, it appears that defendant was charged with breaking, entering and larceny by night in several accusations, and by several other accusations he was charged with larceny.

On January 14, 1949, before Essex County Court Judge Hartshorne, defendant signed a waiver of indictment and trial by jury.

Counsel, in his argument, suggests that the court take judicial notice of the practice that prevailed at that time to go through the several jails and ask accuseds if they were

willing to sign waivers of indictment and stand charged by accusation. The court takes such judicial notice. But the court will also take judicial notice of the fact that Judge Hartshorne was familiar with the constitutional mandate that an accused has the right to the assistance of counsel.

On January 31, 1949 the accused entered pleas of non vult to several of the accusations before Essex County Judge Naughwright, except that to Accusations Nos. 51905 and 51907 he pleaded not guilty; and he was sentenced on February 9, 1949, as follows:

Accusation No. 51899 -- Annandale;

Accusation No. 51900 -- Annandale, consecutive to the first; and

Accusation No. 51901 -- Annandale, consecutive to the last above.

To Accusations Nos. 51902 through 51906 sentences were suspended, and Nos. 51905 and ...


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