People v. Piechowlak
| Decision Date | 28 December 1936 |
| Docket Number | No. 82.,82. |
| Citation | 270 N.W. 783,278 Mich. 550 |
| Parties | PEOPLE v. PIECHOWLAK. |
| Court | Michigan Supreme Court |
Leo A. Piechowiak pleaded guilty to two counts in an information charging him with the crime of embezzlement, but moved to change his plea to not guilty, which motion was denied, and he appeals.
Sentence vacated, and cause remanded, with directions.
Appeal from Circuit Court, Bay County; Samuel G. Houghton, judge.
Argued before the Entire Bench, except POTTER, J.
Robert J. Curry, of Saginaw, for appellant.
David H. Crowley, Atty. Gen., and Bernard S. Frasik, Pros. Atty., and Lloyd W. Bartlett, Asst. Pros. Atty., both of Bay City, for the People.
Defendant pleaded guilty to two counts in an information charging him with the crime of embezzlement and, when called to appear for sentence, asked leave to change his plea to not guilty. The court, upon a hearing, refused the request, passed sentence, and defendant prosecutes review, claiming an abuse of discretion.
For many years defendant was bookkeeper for the Alert Pipe & Supply Company at Bay City, and the prosecution was for money claimed to have been taken by him and concealed by false entries.
April 9, 1935, upon complaint and warrant charging him with embezzlement and larceny, he was arrested, taken before a magistrate, waived an examination, and was bound over to the circuit court to answer to an information. On May 18, 1935, when arraigned in the circuit court upon an information charging embezzlement and larceny he stood mute, a plea of not guilty was entered by the court and defendant released from custody pending trial. June 13, 1935, he appeared voluntarily in court with his then attorney, pleaded guilty to the charge of embezzlement, and sentence was deferred. Later he was ordered to appear on October 12, 1935, for sentence, and on that day he filed a motion for leave to withdraw the plea of guilty, enter a plea of not guilty, and have a trial, asserting his innocence. He claimed that he had not taken any money not rightfully belonging to him. He also claimed:
‘* * * that he was naturally disturbed when arrested and charged with the offense of embezzlement; that he was adivsed to plead guilty and was advised that it would be impossible for him to establish his innocence upon a trial, and that he was advised that if he plead guilty, sentence would be either suspended or he would be put upon probation, and that if he stood trial and was convicted he would, no doubt, be sentenced to a long...
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People v. Hollman, Docket No. 2663
...of long recognition in this jurisdiction admits of withdrawal of a plea of guilty at any time before sentence.' People v. Piechowiak (1936), 278 Mich. 550, 552, 270 N.W. 783, 784. "A plea of guilty may be withdrawn at any time before sentence.' People v. Wexner (1937), (syllabus) 280 Mich. ......
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People v. Zaleski
...we have held adequate to support such requests made before sentence, in addition to People v. Bencheck, supra, see People v. Piechowiak, 278 Mich. 550, 270 N.W. 783; People v. Stone, 293 Mich. 658, 292 N.W. 520; People v. Sheppard, 316 Mich. 665, 26 N.W.2d 557; People v. Anderson, 321 Mich.......
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People v. Love
...in conjunction with the motion to withdraw or else assertions of serious deprivations of defendant's rights. People v. Piechowiak, 278 Mich. 550, 270 N.W. 783 (1936), People v. Stone, 293 Mich. 658, 292 N.W. 520 (1940), People v. Sheppard, 316 Mich. 665, 26 N.W.2d 557 (1947), People v. Ande......
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People v. Sheppard, 81.
...of long recognition in this jurisdiction admits of withdrawal of a plea of guilty at any time before sentence.’ People v. Piechowiak, 278 Mich. 550, 552, 270 N.W. 783, 784. ‘A plea of guilty may be withdrawn at any time before sentence.’ People v. Wexner (syllabus), 280 Mich. 696, 274 N.W. ......