Caves v. State
| Citation | 147 So.2d 632,244 Miss. 853 |
| Decision Date | 10 December 1962 |
| Docket Number | No. 42385,42385 |
| Parties | John Willard (Sonny) CAVES v. STATE of Mississippi. |
| Court | United States State Supreme Court of Mississippi |
J. P. Patterson, Monticello, Allen & Patterson, Brookhaven, for appellant.
Joe T. Patterson, Atty. Gen., by G. Garland Lyell, Jr., Asst. Atty. Gen., Jackson, for appellee.
On February 19, 1962, appellant was indicted for grand larceny, stealing an automobile. He entered a plea of guilty on February 26, 1962, and was sentenced to the penitentiary. On March 2, during the same term of court, but apparently after the juries had been discharged, appellant filed a motion for leave to withdraw his plea of guilty and enter a plea of not guilty. This motion was supported by the affidavit of appellant and another. These affidavits stated facts which, if true, justified sustaining the motion. Appellant also made oath he had a meritorious defense.
We state the facts in the light most favorable to the State, since the trial judge overruled the motion.
On April 2, 1960, appellant's wife filed an application to have appellant adjudged a lunatic. Two local physicians were appointed to make an examination and they filed with the chancery court a written report that in their opinion appellant was suffering from a mental disorder described as schizophrenic (paranoid), and that he was in need of treatment, supervision and control. Appellant was then sent to Whitfield where he stayed a short time. The circumstances under which he was released do not appear in the record.
In September 1961 appellant was arrested on the larceny charge and was released on bond. On the morning of February 26, 1962, appellant was arrested and brought to court.
The district attorney and the county attorney had a very brief conference with appellant in a witness room at the courthouse shortly after appellant was brought there on February 26, 1962. The district attorney asked appellant if he had a lawyer and he said he did not. Appellant was then asked if he wanted a lawyer and he said he did not. The district attorney then told appellant he was charged with the larceny of an automobile belonging to Mr. Gilbert. Appellant stated he wanted to plead guilty. That was all that was said in the conference between the prosecuting attorneys and the appellant.
At the close of the aforementioned conference appellant was brought before the judge and the indictment was read, whereupon the judge said: 'How do you plead, guilty or not guilty?' Appellant then entered a plea of guilty. This occurred in the forenoon of February 26th. Appellant was sentenced in the afternoon. During the time intervening between the entry of the guilty plea and passing sentence, appellant talked to the judge several times and told the judge he was drunk when he took the car and all of his troubles came about when he was drinking; that he had stopped drinking, and pleaded with the judge to give him a chance. He also told the judge that he had...
To continue reading
Request your trial
-
State v. Sisco
...991; People v. Taylor, 9 Mich.App. 333, 155 N.W.2d 723, 725--727; State v. Jones, 267 Minn. 421, 127 N.W.2d 153, 157; Caves v. State, 244 Miss. 853, 147 So.2d 632, 633; State v. Blaylock, Mo., 394 S.W.2d 364, 366; People v. Seaton, 19 N.Y.2d 404, 280 N.Y.S.2d 370, 371--373, 227 N.E.2d 294; ......
-
Taylor v. State, 47481
...that the judge did not warn him and explain the consequence of his guilty plea in open court. The appellant cites Caves v. State, 244 Miss. 853, 147 So.2d 632 (1962) and Bullock v. Harpole, 233 Miss. 486, 102 So.2d 687 (1958) for the proposition that the burden is upon the state to show tha......
-
Carter v. State, 42664
...of practice as to secure a hearing upon the merits, if possible.' See Lambert v. State, 147 So.2d 480 (Miss.1962); Caves v. State, 244 Miss. 853, 147 So.2d 632 (1962). The principal reason for denying appellant's motion to withdraw his plea of guilty was the fact that, subsequent to Wednesd......
-
Debrow v. State, 45853
...as to secure a hearing upon the merits if possible.' See Lambert v. State, 245 Miss. 227, 147 So.2d 480 (Miss.1962); Caves v. State, 244 Miss. 853, 147 So.2d 632 (1962). Appellant's plea in this case was not unadvisedly given and we cannot say that the trial court did not exercise judicial ......