60 A.2d 275 | N.J. | 1948
Prosecutor seeks a writ of certiorari to review the denial of a writ of habeas corpus by the Union County Court of Common Pleas to review his conviction in the Union County Court of Special Sessions, or, in the alternative, a writ of habeascorpus in this court to review his conviction.
Prosecutor was arrested and charged with larceny of two unemployment compensation checks of the value of twenty-two ($22) dollars each, the property of one Thomas Muldowney from the latter's mail box. Prosecutor urges that inasmuch as the checks were alleged to have been taken from the United States mail, it constituted an offense in violation of the federal statute and, therefore, the state courts were without jurisdiction.
Prosecutor was represented by counsel and, conforming with the statute, waived indictment and sought immediate trial. At the time fixed for trial, September 14th, 1947, he pleaded non vult and was sentenced to state prison for a minimum term of two years, and for a maximum term of three years.
The sole ground advanced is that the alleged offense being a violation of a federal statute the state court was without jurisdiction to arrest and try the accused. The offense was likewise in violation of the laws of this state, R.S. 2:145-3, which provides, "Any person who shall steal or take by robbery or obtain possession of by false statements, representations or promises any * * * check * * * for payment of money * * * being the property of any other person, * * * shall be guilty of a high misdemeanor." *407
The offense alleged was, therefore, a violation of the law of this state and subject to punishment by the courts of this state.
In United States v. Lanza,
In State v. Cioffe,
Upon the record before us we conclude that the Court of Quarter Sessions had jurisdiction to render the judgment and sentence imposed upon prosecutor, and that the refusal of a writ ofhabeas corpus was not error, and that no debatable question appears for review by certiorari, or otherwise. The application is denied. *408