In Re Rose

Petitioner seeks release from imprisonment on a plea of guilty to an indictment for violation of section 4 of chapter loo, laws of 1934 (R. S. 2:136-4), on commitment by the Court of Quarter Sessions of Gloucester county. Petitioner was committed to the state prison on February 25th, 1935, for a term of not more than nine years and not less than six years, and has been confined since the date aforesaid. On March 27th, 1939, the Supreme Court of the United States held section 4 of the aforementioned act unconstitutional in that: “The challenged provision condemns no act or omission; the terms…