MR. JUSTICE HARLAN delivered the opinion of the court.
Andrews, the appellant, was convicted in the Court of Oyer and Terminer for the county of Warren, New Jersey, of the crime of murder in the first degree, and sentenced to suffer the punishment of death.
He applied to the Chancellor of the State for a writ of error, under a statute of New Jersey, providing that "writs of error in all criminal cases not punishable with death, shall be considered as writs...
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