Kohl v. State

*196The opinion of the court was delivered by

Dixon, J.

The plaintiff in error, having been convicted in the Essex Oyer and Terminer of murder of the first degree and sentenced to be hanged, caused a writ of error to be-issued from the Supreme Court on April 6th, 1895, in order to test the legality of his conviction. On motion of the public prosecutor, this writ was dismissed by the Supreme Court because it had not been allowed by the Chancellor. This-action of the court is now before us for review.

On behalf of the plaintiff in error it is urged that his writ of error was a writ of right 'by virtue…