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IN RE APPLICATION OF PALUMBO

58 N.J. Super. 80 (1959)

155 A.2d 571

IN THE MATTER OF THE APPLICATION OF ANTHONY PALUMBO, NEW JERSEY STATE PRISON, FOR ISSUANCE OF A WRIT OF HABEAS CORPUS.

Superior Court of New Jersey, Appellate Division.

Decided November 6, 1959.

Attorney(s) appearing for the Case

Mr. Abraham Miller (assigned counsel) argued the cause for defendant-appellant.

Mr. Edward F. Hamill, Assistant Prosecutor of Hudson County, argued the cause for plaintiff-respondent (Mr. Lawrence A. Whipple, Hudson County Prosecutor, attorney).

Before Judges CONFORD, FOLEY and SCHERER.

The opinion of the court was delivered by CONFORD, J.A.D.

This is an appeal from a dismissal by the Hudson County Court of an application for a writ of habeas corpus after a hearing on the merits. Since the applicant was afforded a full hearing, with the aid of assigned counsel (not the assigned counsel on this appeal), and the matter was disposed of purportedly on the merits, we treat the case as though a writ had issued and been discharged after hearing....

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