Harshman v. State, No. 28959
| Docket Nº | No. 28959 |
| Citation | 232 Ind. 618, 115 N.E.2d 501 |
| Case Date | November 25, 1953 |
| Court | Supreme Court of Indiana |
Page 501
v.
STATE.
[232 Ind. 619] 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.
Page 502
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.
[232 Ind. 620] '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...
To continue reading
Request your trial
-
Bonner v. State, 472A197
...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. 1461. Recent developments in the area of guilt......
-
Carroll v. Com., 1860-08-4.
...when 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))). 54 Va. App. 751 But the Virginia courts have never expressed this view, and we must follow our own precedents ......
-
Parsons v. State, 2--1272A138
...and sua sponte entered a not guilty plea on Parsons' behalf to the offense of Second Degree Burglary. Harshman v. State Page 808 (1953), 232 Ind. 618, 115 N.E.2d 501, justifies the court's action (and is controlling '. . . a plea of guilty tendered by one who in the same breath protests his......
-
Isom v. State, Supreme Court Case No. 45S00-1508-PD-508
...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......
-
Bonner v. State, 472A197
...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. 1461. Recent developments in the area of guilt......
-
Carroll v. Com., 1860-08-4.
...when 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))). 54 Va. App. 751 But the Virginia courts have never expressed this view, and we must follow our own precedents ......
-
Parsons v. State, 2--1272A138
...and sua sponte entered a not guilty plea on Parsons' behalf to the offense of Second Degree Burglary. Harshman v. State Page 808 (1953), 232 Ind. 618, 115 N.E.2d 501, justifies the court's action (and is controlling '. . . a plea of guilty tendered by one who in the same breath protests his......
-
Isom v. State, Supreme Court Case No. 45S00-1508-PD-508
...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......