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STATE v. PAYNE

23 N.J. Super. 143 (1952)

92 A.2d 641

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN PAYNE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 21, 1952.

Attorney(s) appearing for the Case

Mr. John Payne, appellant pro se.

Mr. Edward Gaulkin, Essex County Prosecutor (Mr. C. William Caruso, Legal Assistant Prosecutor, of counsel and on the brief), for respondent.

Before Judges McGEEHAN, BIGELOW and JAYNE.

PER CURIAM.

The defendant John Payne was indicted, tried and convicted for the crime of breaking and entering with intent to commit rape, and also as a second offender; and on May 12, 1948, he was sentenced to State Prison for a term of not less than 12 nor more than 24 years. In 1950 he made application for a writ of habeas corpus, based on a contention that R.S. 2:103-7, as amended by L. 1940, c. 219, § 1 (the "Habitual Criminal...

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