People v. Hollingsworth

• Court: Michigan Supreme Court
• Writing for the Court: SHARPE
• Citation: People v. Hollingsworth, 338 Mich. 161, 61 N.W.2d 22 (Mich. 1953)
• Decision Date: 27 November 1953
• Docket Number: No. 82,82
• Parties: PEOPLE v. HOLLINGSWORTH.

Page 22

61 N.W.2d 22

338 Mich. 161

PEOPLE v. HOLLINGSWORTH.

No. 82.

Supreme Court of Michigan.

Nov. 27, 1953.

James N. McNally, Detroit, for appellant.

Frank G. Millard, Atty. Gen., Edmund E. Shepherd, Sol. Gen., Lansing, Gerald K. O'Brien, Pros. Atty., Wayne County, Ralph Garber, Chief Asst. Pros. Atty., Samuel Brezner, Samuel J. Torina, Asst. Prosecuting Attys., Detroit, for the People.

Before the Entire Bench.

SHARPE, Justice.

Defendant, Beatrice Hollingsworth, pleaded guilty to an information charging her with uttering and publishing a worthless check in the amount of $989.53. The plea of guilty was accepted by the court, and the cause referred to the probation department and adjourned two weeks for sentence. The cause was again adjourned until February 20, 1953, when the following occurred:

'The Court: Beatrice Hollingsworth, have you anything to say before sentence is pronounced by the Court?

'Mr. McNally: Her counsel does. If your Honor please, I have just been informed by Mrs. Hollingsworth that certain parts of this Probation Report have been broadcast on the radio this morning and appear in this morning's paper. I thought those reports were more or less confidential information submitted to the Court for the Court's information only.

'The Court: I did, too.

'Mr. McNally: At this time, due to the existing situation before sentence and the fact that highly prejudicial information has appeared in the morning's paper and been broadcast over the radio, it is the desire of the Defendant Beatrice Hollingsworth, to withdraw her plea of guilty and enter a plea of not guilty, so that we may have an opportunity to check into how and who made these press releases and what it is all about.

'The Court: I am not going to grant that motion at this time.

* * *

* * *

'Beatrice Hollingsworth, the sentence of the Court is that you be confined in the Detroit House of Correction for a period of Five (5) to Fourteen (14) years.

'Mr. McNally: Now, if your Honor please, I again renew my motion which I made prior to sentence, that your Honor set aside the sentence based upon the fact that it was the defendant's wish and desire to withdraw her plea of guilty previously entered, made before sentence, in view of the highly prejudicial information released by the press and broadcast over the radio before sentenc was pronounced this morning. I further made the motion before Your Honor to set aside the plea of guilty in view of the fact that you have also read into the record something which--and I don't doubt the sincerity of your Honor--which was gone into very thoroughly in my office, namely, an attorney called me from Birmingham----

'The Court: The defendant has been sentenced. If you have any motions to make you can make them in writing.'

On March 3, 1953, counsel for defendant, Beatrice Hollingsworth, made a formal motion in writing for leave to withdraw her plea of guilty and for the granting of a new trial. Upon leave being granted, defendant appeals from the denial of her motion to withdraw her plea of guilty. It is the general rule in this State that a defendant has the privilege of changing a plea of...