Crooks v. State
| Decision Date | 07 June 1938 |
| Docket Number | 26969. |
| Citation | 15 N.E.2d 359,214 Ind. 505 |
| Parties | CROOKS v. STATE. |
| Court | Indiana Supreme Court |
Appeal from Parke Circuit Court; Howard L. Hancock, Judge.
Felix Blankenbaker, of Terre Haute, and R. C McDivitt, of Rockville, for appellant.
Omer Stokes Jackson, Atty. Gen., and Ed A. Bosse, Deputy Atty Gen., for the State.
The record in this case discloses that on October 1, 1937, and affidavit was filed charging the appellant with the statutory offense of sodomy; on October 2, 1937, the defendant was arraigned and entered a plea of guilty and the court imposed a fine of $100.00 and a prison sentence of two to fourteen years; on October 6, 1937, the defendant filed a motion to vacate the judgment and asked permission to withdraw his plea of guilty; on October 11, 1937, the state filed a general denial and a reply to defendant's motion to vacate the judgment and also filed several affidavits showing the conditions and circumstances under which the defendant entered his plea of guilty. The cause was continued to October 15, 1937, for the purpose of giving the defendant's attorney time to secure evidence to support his motion to vacate the judgment; on October 15, 1937, the defendant filed an affidavit in support of his motion to vacate the judgment. The state filed a motion to strike the supporting affidavit which was sustained by the court and at the same time overruled appellant's motion to vacate the judgment and permit appellant to withdraw his plea of guilty. The appellant then filed his motion for a rehearing on defendant's motion to set aside the judgment and permission to withdraw his plea of guilty.
The state filed as stated above several affidavits showing the circumstances under which the appellant entered his plea of guilty. One affidavit was filed by one Ed Rowe; in this affidavit he stated that he was the acting Marshal in and for the town of Rockville, Parke county, Indiana that he arrested the appellant on the night of September 30, 1937, and immediately took him to the Parke county jail in Rockville. That he did not in any manner try to induce the appellant to enter a plea of guilty nor did he make any threats for that purpose.
Warren Buchanan also filed an affidavit in which he stated that he was the qualified and acting Prosecuting Attorney of Parke county; that an affidavit was filed against the appellant on the 30th day of September, 1937; that he was informed that said appellant had been arrested and was confined in the Parke county jail; that he visited the appellant on the afternoon of October 1, 1937; that he was confined in the first floor prison section of said jail and the only other inmate was one Sam Jones; that the affiant explained to appellant the nature of the offense with which he was charged and that he could employ counsel to defend his cause or if he was without funds it was right to have counsel appointed to defend him. He asked the appellant if he wanted to see an attorney, his Father or Brother; that the appellant in the presence of Sam Jones said he did not want to see an attorney or his Father or his Brother; that the affiant again visited the appellant on the morning of October 2, 1937 and that the appellant in the presence of Sam Jones told the affiant that he desired to enter a plea of guilty to the offense with which he was charged. That the affiant in the presence of Sam Jones told the appellant that if he entered a plea of guilty to the offense with which he was charged he would probably receive a sentence of from two to fourteen years; that the appellant told affiant he was twenty-nine years of age and thereupon the affiant told the appellant he would be sentenced to the State Reformatory at Pendleton, Indiana, that affiant further told the appellant in the presence of Som Jones that if he was not guilty of the offense he should not enter a plea of guilty thereto. That on the morning of October 2, 1937, the affiant advised Oscar Crooks that his son, the appellant, was in jail and that he should see the appellant and the said Oscar Crooks immediately went to the jail and taked to the appellant in the presence of Sam Jones; that the said appellant told his Father, Oscar Crooks, in the presence of the affiant that he was guilty of the offense with which he was charged.
The affiant further states that at no time did he unduly prosecute or unduly advise the appellant; nor at any time deny him the right to employ counsel or to have counsel appointed for him and at no time attempted to cause the appellant to enter a plea of guilty to a charge against him and that at all times explained to the appellant the meaning of the charge filed against him and explained to him the consequences that would follow a plea of guilty.
Lawrence Smith filed an affidavit in which he stated he was the Sheriff of Parke county, that he talked to the appellant while in jail on October 1, 1937, in the presence of Sam Jones who at that time was an inmate of the jail; that the said appellant told the affiant in the presence of Sam Jones that he intended to plead guilty to the charge pending against him; that the affiant explained to the appellant the meaning of the term affaignment; that it was his right to employ counsel or to have counsel employed to defend him. Affiant did not make any threat or make any inducements to cause him to enter a plea of guilty and that the believes the appellant entered his plea of guilty of his own free will and accord.
Sam Jones filed an affidavit in which he stated that he was an inmate of the Parke county jail on the 30th day of September 1937, and was well acquainted with Harry Crooks, the appellant. During the time the affiant and the appellant were inmates together they were not separated and could and did talk freely with each other; that Warren Buchnan visited the appellant at the jail on the afternoon of October 1, 1937; that he advised the appellant that he could employ counsel or have counsel employed to defend him against the crime charged in the affidavit. That Lawrence Smith visited the appellant on the evening of October 1, 1937, and he talked to the appellant in the presence of affiant; that the appellant told Smith that he knew and understood what he was charged with and why he was confined in jail and that he intended to plead guilty to the charge that Warren Buchanan visited the appellant on the morning of October 2, 1937, and talked with appellant in the presence of affiant; that the said Buchanan told the appellant that if he entered a plea of guilty to the offense with which he was charged he would probably receive a sentence of from two to fourteen years; that said Buchanan advised the appellant that if he was not guilty of the offense he should not enter a plea of guilty; that the said appellant told affiant that he intended to plead guilty to the charge and the affiant believes that the appellant entered the plea of guilty of his own free...
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