People v. Wexner, 118.
| Decision Date | 29 June 1937 |
| Docket Number | No. 118.,118. |
| Citation | 280 Mich. 696,274 N.W. 371 |
| Parties | PEOPLE v. WEXNER et al. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Meyer Wexner and another pleaded guilty to an information charging them with larceny of property of the value of more than $50. The request for leave to change the pleas to not guilty was denied, and they were sentenced, and they appeal.
Sentences vacated and case remanded with direction.
Appeal from Circuit Court, Berrien County; Fremont Evans, judge.
Argued before the Entire Bench.
Edward A. Westin, Pros. Atty., and Robert P. Small, Asst. Pros. Atty., both of Benton Harbor, for Berrien County, Mich.
Walter C. Wellman, of Chicago, Ill., for respondents.
Defendants were arrested in Berrien county on the 24th of November last on the charge of larceny of property of the value of more than $50. An examination was held before a magistrate, and each was held for trial in the circuit court. Informations were filed, and on November 30, 1936, an entry was made on the journal of the circuit court for said county of Berrien to the effect that the defendants were arraigned, waived the reading of the information, and pleaded guilty to the information filed against them. They were accompanied by their attorney who waived the reading of the information, withdrew their plea of not guilty, and entered a plea of guilty on their behalf.
On December 4, 1936, a petition to withdraw the pleas of guilty was filed by each of the defendants for the following reasons: (1) That the defendants did not have an opportunity to confer with the attorney who entered the pleas of guilty; (2) that the defendants were not informed that they were being taken to court to enter a plea of guilty, and they did not understand that the attorney was to make this plea in their behalf. The court, upon hearing on the petition for leave to change the pleas to not guilty, denied the request, passed sentence upon the defendants, who now prosecute review, claiming an abuse of discretion.
We have given the showing and counter-showing as disclosed in the record, careful consideration and are of the opinion that defendants should have leave to withdraw their plea of guilty and enter a plea of not guilty and have a trial by jury if desired. Both defendants upon the hearing on the motion for leave to withdraw their plea of guilty insisted that they were innocent of the charges preferred against them and thus presented an issue of fact open to proof upon a trial.
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...(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. 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......
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...10, 262 P. 703 (Cr.Ct.App.1928); cf. Briscoe v. United States, 102 U.S.App.D.C. 145, 251 F.2d 386 (D.C.Cir. 1958); People v. Wexner, 280 Mich. 696, 274 N.W. 371 (Sup.Ct.1937). See also State v. Pometti, supra, 12 N.J. at p. 453, 97 A.2d at p. 403; State v. Gailes, supra, 64 N.J.Super. at p.......
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