Monahan v. State

• Decision Date: 21 October 1893
• Docket Number: 16,896
• Citation: 34 N.E. 967,135 Ind. 216
• Parties: Monahan v. The State
• Court: Indiana Supreme Court

34 N.E. 967

135 Ind. 216

Monahan v. The State

No. 16,896

Supreme Court of Indiana

October 21, 1893

From the Elkhart Circuit Court.

The judgment is affirmed.

L Chamberlain and P. L. Turner, for appellant.

A. G Smith, Attorney-General, and E. E. Mummert, for the State.

OPINION

Hackney, J.

The record discloses that the appellant and others were charged with stealing nine cartoons of chewing gum; that three of his associates were arraigned before the defendant was taken into custody, and upon their pleas of guilty the sentence was suspended during good behavior; that while appellant and others were en route to the county seat to answer said charge they were informed of the plea and the judgment against said three associates, and they were then told, by one having no authority to speak for the court or its officers, that they would probably receive the same judgment.

Upon arraignment, they entered pleas of guilty. The appellant was remanded to the county jail, with the suggestion of the court that time would be taken to consider and determine what punishment should be inflicted, and with the advice from the court that the plea of guilty might be withdrawn at any time before sentence.

This proceeding was on the 23d day of December, 1892, and no other steps were taken until January 2d, 1893, when the appellant was taken into court for sentence upon said plea, and the court stated to him that it had been concluded that the punishment should be by commitment to the reform school for boys. It was then announced by the court that if any one present desired to interpose in behalf of the defendant an opportunity would be given to do so. This information was, at the direction of the presiding judge, given to the mother of appellant, then in the court room. After this unusual opportunity for the withdrawal of the plea of guilty, and after the announcement that the punishment should be by commitment, and before sentence, an opportunity existing to withdraw the plea and no such steps having been taken, the court passed the sentence so committing the appellant.

On the 4th day of January, 1893, the appellant's counsel filed in his behalf a motion to set aside the judgment and for leave to withdraw his plea of guilty and enter a plea of not guilty.

This motion alleged, that he was not guilty of the crime charged that he had been induced by the statement of the party who, as before stated, told the appellant that the judgment would probably be the same as that against his associates; that he was young and ignorant of the effect of the plea of guilty, and believed that sentence would be suspended as in the case against his said associates.

Evidence was heard upon the motion, and it clearly justified the conclusion that the appellant was guilty of the larceny charged, and there was evidence from which the court might reasonably hold that no false representations were made to him and no inducements offered to plead guilty to said charge.

The character of the boy's mother, the conduct of the boy while in jail, and a conflict in the evidence as to statements made out of court, contrary to his evidence in court, of the party who was alleged to have induced the plea of guilty upon the...