Hardy v. State
| Citation | 248 P. 846,35 Okla.Crim. 75 |
| Decision Date | 04 September 1926 |
| Docket Number | A-5558. |
| Parties | HARDY v. STATE. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court.
An appeal to the Criminal Court of Appeals may be taken by a defendant as a matter of right from any judgment rendered against him in a court of record. This right extends to an appeal from a judgment entered upon a plea of guilty.
Where an appeal is taken by an accused from a judgment entered upon a plea of guilty, the appeal will ordinarily present only such questions as go to the free and voluntary character of the plea, or that accused was not of competent intelligence or was not advised of his legal rights and of the nature and consequences of his plea, or as to the sufficiency of the indictment or information to confer jurisdiction, or the legality of the sentence. When this is not questioned, or, if questioned, appears, the sufficiency of the evidence, and irregularities which do not go to the jurisdiction or legality of the proceedings, are waived by the plea of guilty.
Appeal from County Court, Tulsa County; W. L. Coffey, Judge.
Pleas Hardy was convicted of having unlawful possession of intoxicating liquor, and he appeals. Affirmed.
B. C Franklin, of Tulsa, for plaintiff in error.
Geo. F Short, Atty. Gen., for the State.
The plaintiff in error, hereinafter called defendant, upon a plea of guilty in the county court of Tulsa county upon a charge of having unlawful possession of intoxicating liquor, was sentenced to confinement in the county jail for a period of 30 days and to pay a fine of $250.
The record presents an unusual situation. The defendant was informed against in the county court. The case was assigned for trial; at the time of trial defendant appeared in person and by his attorney; an application for continuance was presented and overruled; both sides then announced ready for trial. A jury was impaneled; the state presented its evidence and rested. Thereupon counsel for defendant announced that defendant wishes to withdraw his plea of not guilty and to enter a plea of guilty. The court then discharged the jury defendant's plea of not guilty was withdrawn and a plea of guilty entered. This was on February 12th. The imposing of the sentence was deferred until the 28th day of February, at which time defendant appeared by his counsel and filed his application to withdraw his plea of guilty, and to enter a plea of not guilty, setting out that defendant in the course of his trial was surprised by the introduction in evidence of the search warrant and affidavit for search warrant, and that he was not given time to look up the law applicable thereto. This application was overruled, and sentence passed. The record does not show any reason for surprise, since the defendant had objected throughout to the introduction, on the...
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