People v. Sheppard, 81.

• Decision Date: 08 April 1947
• Docket Number: No. 81.,81.
• Citation: 316 Mich. 665,26 N.W.2d 557
• Parties: PEOPLE v. SHEPPARD et al.
• Court: Michigan Supreme Court

316 Mich. 665

26 N.W.2d 557

PEOPLE

v.SHEPPARD et al.

No. 81.

Supreme Court of Michigan.

April 8, 1947.

OPINION TEXT STARTS HERE Appeal from Circuit Court, Oakland County; George B. hartrick, judge.

Connor Sheppard and others pleaded guilty to an information charging them with conspiracy to operate and maintain a gambling business. From an order denying their motion to set aside their pleas of guilty and for a trial, they appeal.

Order set aside and case remanded for entry of order granting motion.

Before the Entire Bench, except DETHMERS, J.

Edward N. Barnard, of Detroit (Clarence Smith, of Pontiac, of counsel), for appellants.

Donald C. Noggle, Pros. Atty., of Pontiac, and Lewis R. Bebout, Asst. Pros. Atty., of Rochester, for appellee.

BOYLES, Justice.

These defendants pleaded guilty in the circuit court for Oakland county to an information charging them with conspiracy to operate and maintain a gambling business. Before sentence they filed a motion to set aside their pleas of guilty and for a trial. The motion was denied and sentences imposed. The only question for review is whether the court erred in denying the motion.

The circuit court obtained jurisdiction of the case May 19, 1944, at which time the justice's return was filed, information filed, defendants were arraigned and stood mute, and pleas of not guilty were entered by the court. Thereafter, a motion to quash the information and to remand for further examination was filed as to appellants and other defendants, five of the other defendants were discharged, and ultimately the case was called for trial January 9, 1945. The then-counsel for these appellants asked the court to continue the case until the next day to allow them to change their pleas, and on January 10th appellants pleaded guilty to the charge. The court thereupon continued their case to January 29th for reference to the probation department and for sentence. On January 22d a consent to substitution of attorneys was filed and on January 23d the substituting counsel who now represents defendants on this appeal filed a motion to allow appellants to with-draw their pleas of guilty for certain reasons alleged therein, and to grant appellants a trial. This motion was heard by the court January 26th, at which time the circuit judge announced that he would sign an order that the defendants might withdraw their pleas. However, before such an order had been signed, and on February 13th, the court again heard arguments on the motion and announced from the bench that the motion was denied. Thereupon the prosecuting attorney moved for sentence and the court forthwith imposed sentences ranging from $250 costs and 60 days in the county jail with three years' probation for Carter, to confinement in State prison for one to five years for defendants Sheppard and Burke. Appellants seek reversal of the order denying their motion for leave to withdraw their pleas of guilty.

It has been repeatedly held by this court that a defendant in a criminal case may withdraw his plea of guilty at any time before sentence is imposed.

‘We have no question that at any time before sentence the plea of guilty may be changed by the court to one of not guilty.’ People v. Utter, 209 Mich. 214, 224, 176 N.W. 424, 427.

‘A considerate procedure 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. 371.

‘The first question has been ruled upon by this court on two occasions recently, and it is now the settled rule in this state that a plea of guilty may be withdrawn at any time before sentence.’ People...