Ex Parte Samber

13 N.J. Super. 410 (1951)

80 A.2d 487

EX PARTE WILLIAM SAMBER.

Superior Court of New Jersey, Essex County Court Law Division.

Decided April 24, 1951.

Mr. Robert A. Huebner, attorney for petitioner.

Mr. Maurice J. McKeown, attorney for the State.

HARTSHORNE, J.C.C.

Defendant claims he is in State Prison under an illegal sentence. He petitions under the rule permitting the court to "correct an illegal sentence at any time." Rule 2:7-13. The court assigned counsel, and heard the cause on the record as agreed on by both the prosecutor and defense counsel, the testimony of the judges who imposed the…