Harshman v. State, 28959

Decision Date25 November 1953
Docket NumberNo. 28959,28959
Citation232 Ind. 618,115 N.E.2d 501
PartiesHARSHMAN v. STATE.
CourtIndiana Supreme Court

James C. Cooper, Public Defender, Richard M. Givan, Asst., Rushville, for appellant.

Edwin K. Steers, Atty. Gen., Frank E. Spencer, Deputy Atty. Gen., for appellee.

DRAPER, Chief Justice.

In July of 1947 the appellant entered a plea of guilty to a charge of vehicle taking, and he was sentenced to imprisonment for a term of one to ten years. In January of 1952 he filed his verified petition for writ of error coram nobis whereby he sought to be permitted to withdraw his plea of guilty and enter a plea of not guilty to said charge. The relief sought was denied and this appeal perfected. All of the proceedings herein referred to were in the Cass Circuit Court.

We set out a part of the colloquy between judge and accused, at the time of arraignment, as follows:

'Q. You are Floyd Harshman? A. Yes.

'Q. Do you have an attorney? A. No.

'Q. Do you desire an attorney to represent you? A. I don't have the money to hire one.

'Q. It is possible for the court to appoint an attorney to represent you in a case of that kind, if you so desire. A. I don't guess it is necessary.

'Q. Then do I understand you don't desire the court to appoint an attorney for you. A. That is right.

'Q. Are you familiar with the charge that is placed against you? A. Nothing only what the Prosecuting Attorney had already told me.

'Q. You are charged with taking a vehicle of another without the consent of the owner. The formal charge is in the form of an affidavit here which I will read to you and it will be necessary then for you to enter a plea to that charge or there will be a plea entered for you by the court of not guilty and that will require a trial. You may enter a plea of guilty or not guilty, but if you stand before the court and not answer, then it is the duty of the court to enter a plea of not guilty. The affidavit which has been filed against you reads as follows, (H. I.) To that charge what is your plea? A. I plead guilty, Sir.

'Q. Is there anything that you care to offer to the court before the court passes judgment upon you? A. I would like to say a few words. I was drinking quite heavy that night. I don't remember taking the vehicle but there was so much evidence pointing against me, I certainly did take it. I don't remember driving it.'

Under our practice an accused may enter a plea of guilty in any case, and thereby waive his constitutional right to trial by jury. But to be valid and binding upon the accused, such a plea must be made by the accused intelligently, advisedly and understandingly, with full knowledge of his rights, and with the considered approval of the judge before whom he stands charged.

A valid plea of guilty in a court having jurisdiction of the offense is a judicial confession of guilt. Batchelor v. State, 1920, 189 Ind. 69, 125 N.E. 773. It admits the incriminating facts alleged. 22 C.J.S., Criminal Law, § 424. It should be cautiously received. It should not be accepted from one who does not know, or who, at the time of arraignment, asserts that he does not know, whether or not he has committed the crime charged, for such would be entirely incompatible with the idea of an admission of guilt, and wholly inconsistent with the due administration of justice.

As we view it, a plea of guilty tendered by one who in the same breath protests his innocence, or declares he actually does not know whether or not he is guilty, is no plea at all. Certainly it is not a sufficient plea upon which to base a judgment of conviction. No plea of guilty should be accepted when it appears to be doubtful whether it is...

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65 cases
  • Bonner v. State
    • United States
    • Indiana Appellate Court
    • 27 Junio 1973
    ...In order to be valid and binding, a plea of guilty must be made intelligently, advisedly, and understandingly. Harshman v. State (1953),232 Ind. 618, 620, 115 N.E.2d 501. See also: Johnson v. Zerbst (1938), 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. Recent developments in the area of guilty plea......
  • Carroll v. Com.
    • United States
    • Virginia Court of Appeals
    • 1 Septiembre 2009
    ...it appears that, for any reason, the plea is wholly inconsistent with the realities of the situation.'" (quoting Harshman v. State, 232 Ind. 618, 115 N.E.2d 501, 502 (1953))). But the Virginia courts have never expressed this view, and we must follow our own precedents holding that the Alfo......
  • Parsons v. State
    • United States
    • Indiana Appellate Court
    • 28 Diciembre 1973
    ...when it appears that, for any reason, the plea is wholly inconsistent with the realities of the situation.' (Emphasis added.) 232 Ind. at 621, 115 N.E.2d at 502. A similar fact situation to the case at hand is Nicholas v. State (1973), Ind., 300 N.E.2d 656. The trial court refused to accept......
  • Isom v. State
    • United States
    • Indiana Supreme Court
    • 30 Junio 2021
    ...ineffective in handling the State's plea offer to Isom, he argues here that the Court should revisit its holding in Harshman v. State , 232 Ind. 618, 115 N.E.2d 501 (1953), in light of McCoy v. Louisiana , ––– U.S. ––––, 138 S. Ct. 1500, 200 L.Ed.2d 821 (2018). The post-conviction court den......
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1 books & journal articles
  • Chapter 9 Adjudication: Trials and Guilty Pleas
    • United States
    • Carolina Academic Press Wrongful Conviction: Law, Science, and Policy (CAP) 2019
    • Invalid date
    ...breath protests his innocence, or declares he does not actually know whether or not he is guilty, is no plea at all." Harshman v. State, 115 N.E.2d 501, 502 (Ind. 1953).... Indiana jurisprudence has insisted that a factual basis must exist for a guilty plea, and that a judge may not accept ......

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