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eBook details

• Title: State v. Mcbane
• Author : Supreme Court of Montana
• Release Date : January 19, 1954
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

ATTORNEYS AT LAW, Court-appointed Counsel in Criminal Case ? CRIMINAL LAW, Arraignment, Right to Counsel, to Refuse Counsel, Plea, Withdrawal of Plea of "Guilty", Judgment of Conviction, Penalty, Sentence, Punishment in Trial Courts Discretion, Abuse of Discretion, Child Desertion, Bigamy. 1. Criminal Law ? Changes of plea. On application by an accused to change a plea of guilty to a plea of not guilty, all doubt should be resolved in favor of a trial on the merits. 2. Criminal Law ? When change of plea should be allowed. If any reasonable ground is offered for going to the jury, leave should ordinarily be given to withdraw plea of guilty if it was entered (1) by mistake or under misconception of nature of charge, (2) through a misunderstanding as to its effect, (3) through fear, fraud or official misrepresentation, (4) involuntarily for any reason or (5) inadvisedly. - Page 370 3. Criminal Law ? Change of plea must be voluntary. A plea of guilty should be entirely voluntary by one competent to know the consequences, and should not be induced by fear, persuasion, promise or ignorance. 4. Criminal Law ? Attorneys at law ? Defendant not properly advised as to rights and nature of offense charged. In proceedings on motion to withdraw plea of guilty of desertion of minor children, record required determination that defendant had not been carefully advised as to his rights and as to the nature of the offense with which he was charged.

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