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IN RE PETITION OF ERNST

37 N.J. 24 (1962)

179 A.2d 4

IN THE MATTER OF THE PETITION OF JOSEPH ERNST FOR A WRIT OF HABEAS CORPUS.

The Supreme Court of New Jersey.

Decided February 26, 1962.

Attorney(s) appearing for the Case

Mr. Chester Apy argued the cause for appellant Joseph Ernst.

Mr. Norman Heine, Camden County Prosecutor, argued the cause for respondent State of New Jersey.

PER CURIAM.

The defendant, convicted of first degree murder without recommendation and under sentence of death during the week commencing March 11, 1962, has appealed from a denial of post-conviction relief sought in the form of an application for a writ of habeas corpus. The point raised is a claim of federal unconstitutionality of N.J.S. 2A:113-4 providing that a person convicted of murder in the first degree "shall suffer death unless the jury by...

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