In Re Application of Smigelski

The opinion of the court was delivered by

Hall, J.

These consolidated appeals bring before the court again the question of the validity and duration of the continued confinement of one of those individuals originally convicted and sentenced in the criminal courts for murder committed prior to having attained the age of l5 years and before the decision in State v. Monahan, 15 N. J. 34 (1954), which held jurisdiction over such an offense resided exclusively in the Juvenile and Domestic Relations Court. That Monahan did not automatically entitle such persons to release from imprisonment imposed…