Pattee v. State
| Decision Date | 18 February 1887 |
| Citation | 10 N.E. 421,109 Ind. 545 |
| Parties | Pattee v. State. |
| Court | Indiana Supreme Court |
OPINION TEXT STARTS HERE
Appeal from circuit court, Madison county.
W. A. Kittinger, L. M. Schwim, and E. R. McMahon, for appellant. The Attorney General, for the State.
On the twentieth day of March, 1886, the appellant entered a plea of guilty to the information filed against him, and on the twenty-third day of that month judgment was pronounced. On the thirtieth day of the same month the appellant asked leave to withdraw his plea of guilty, but the court denied his request. The record recites that an affidavit was filed by him, but, as it was not made part of the record in any legal method, it cannot be examined by us. Affidavits cannot be made a part of the record by a mere recital of the clerk. We cannot say that the court erred in refusing to permitthe appellant to withdraw his plea of guilty. The presumption is in favor of the ruling of the court, and, in the absence of a clear and strong showing that there was an abuse of discretion, the ruling must be sustained.
An information may be assailed for the first time by the assignment of errors. Henderson v. State, 60 Ind. 296;O'Brien v. State, 63 Ind. 242. But the only ground upon which such an attack can be successfully maintained is that the information does not charge a public offense. Mere uncertainty or inaccuracy in charging the offense will not be sufficient, for the assignment of errors does not perform the same...
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