In Re Application of White

The opinion of the court was delivered by

Oliphant, J.

This is an appeal by the defendant White from an order of the Essex County Court discharging a writ of habeas corpus and denying a motion to correct the sentence imposed upon him. While the appeal was pending in the Appellate Division we certified it on our own motion. R. R. 1:10-1 {a).

On October 3, 1951 the defendant pleaded non vult to an indictment charging him with carrying a concealed weapon and he was sentenced to a term of one year in the county penitentiary, but execution thereof was suspended, he was placed on probation for a…