In Re Caruso

The opinion of the court was delivered by

Dongbs, J.

This certiorari was allowed to review the action of the late Mr. Justice Porter in discharging a writ of habeas corpus which issued to test the validity of prosecutor’s confinement in the state prison under a life sentence imposed under the Habitual Criminal Act, B. 8. 2:103-10.

Prosecutor was indicted by the Bergen County grand jury at the September term, 1941, for the crime of robbery and assault upon one Mary Ghiorsi, and also carrying concealed weapons. Upon trial he was convicted of robbery on January 5th, 1942, and on January 16th, 1942,…