Miles v. Monaghan, 37610
| Citation | 51 So.2d 212,211 Miss. 150 |
| Decision Date | 12 March 1951 |
| Docket Number | No. 37610,37610 |
| Parties | MILES v. MONAGHAN, Sheriff. |
| Court | Mississippi Supreme Court |
Ramon L. Burgess, Tupelo, for appellant.
J. P. Coleman, Atty. Gen., Geo. H. Ethridge, Asst. Atty. Gen., for appellee.
On November 4, 1946, appellant entered a plea of guilty in the Circuit Court of Monroe County on a charge of the unlawful possession of intoxicating liquor on a second offense and was sentenced to pay a fine of $500.00 and costs and to serve a term of six months in the county jail, but the jail sentence and all the fine except $100.00 was suspended during good behavior. The $100.00 was paid. On October 31, 1949, the district attorney petitioned the court to impose the suspended sentence for the reason that appellant had been convicted or had pleaded guilty to other changes of the unlawful possession of intoxicating liquor since the said suspension. Due notice of this petition was given to appellant and a hearing was had thereon and on November 3, 1949, an order was entered imposing three months of the six months jail sentence and $200.00 of the remaining $400.00 fine, and continuing as suspended the remaining three months jail sentence and $200.00 fine.
Appellant then filed a motion for leave to withdrew his plea of guilty which had been entered in 1946 and on November 5, 1949, the court entered an order overruling said motion. On the same date appellant filed a petition for a writ of habeas corpus claiming that his confinement under the order of November 3, 1949, was illegal and void because the circuit court was without jurisdiction and without authority, after the lapse of three years, to impose a portion of the suspended sentence upon him. After a full hearing an order was entered denying the prayer of the petition for habeas corpus, from which this appeal is taken.
Appellant contends that the lower court erred in overruling his motion for leave to withdraw his plea of guilty entered three years previously. He testified in his own behalf and made no showing whatever that he was innocent of the charge to which he had entered the plea of guilty. A showing of innocence was necessary. Edwards v. State, Miss., 46 So.2d 790, not yet reported in the State Reports, and authorities therein cited. There was no contention that he had been misled into pleading guilty; this was essential under the case here presented. Fortenberry v. State, 147 Miss. 91, 113 So. 193. Moreover, appellant...
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Perciful v. Holley, 38716
...circuit court abused its discretion in denying that relief. Stafford v. State, Miss., 1951, 55 So.2d 477. In Miles v. Monaghan, Sheriff, 1951, 211 Miss. 150, 154, 51 So.2d 212, 214, it was said that 'Trial judges are vested with a wide discretion in passing upon such motions and the overrul......
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King v. State, 43804
...obtained. The Court might properly consider this fact in connection with all of the other circumstances of the case. Miles v. Monaghan, 211 Miss. 150, 51 So.2d 212 (1951). The record discloses that King voluntarily confessed his guilt shortly after his arrest. But we leave entirely out of c......