State v. Allen
| Decision Date | 20 December 1905 |
| Citation | 41 Wash. 63,82 P. 1036 |
| Court | Washington Supreme Court |
| Parties | STATE v. ALLEN. |
Appeal from Superior Court, King County; Arthur E. Griffin, Judge.
Edward Allen was convicted of robbery, and he appeals. Reversed.
S.D Wingate, for appellant.
Kenneth Mackintosh and George F. Vanderveer, for the State.
The appellant was informed against for the crime of robbery, and on arraignment pleaded guilty to the charge and was sentenced to a term of 10 years in the penitentiary. Before his sentence was carried into execution he procured the services of counsel and applied to the court for a vacation of the judgment and sentence pronounced against him and for leave to withdraw his plea of guilty to the information and to plead not guilty thereto. The application was supported by the affidavit of the applicant to the effect that he was not guilty of the crime charged against him, but was induced to plead guilty thereto by the officers having him in charge, and by the detectives who caused his arrest who promised him that, in case he did so plead guilty, he would receive a light sentence from the court. He further alleged that the officers having him in charge would not permit him to communicate with his friends nor with an attorney, but were constantly at him, endeavoring to get him to enter a plea of guilty. He also alleged that a number of persons were brought into his place of confinement by the county officers for the purpose of identifying him as one of the persons connected with the robbery with which he was charged, but that none of such persons did so identify him or in any way connect him with the commission of that crime. The motion was based on the further fact that the record failed to show that the accused was informed of his right to counsel at the time he was arraigned. The record, however was subsequently amended so as to show that before he had entered his plea he was informed by the court of his right to the assistance of counsel, and that the court would assign him counsel, if he so desired. There was no denial of the matters set out in the affidavit. The application was brought on for hearing before the court and denied on April 22, 1905, whereupon this appeal was taken.
It is our judgment that the application should have been granted. It may be true that the conduct of the undersheriffs as shown by the affidavit was not of itself sufficient to warrant this court in...
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State v. Raponi
... ... In no case should this right be denied, where it ... is evident that the ends of justice will be subserved by ... permitting the plea of guilty to be withdrawn. (State v ... Nicholas, 46 Mont. 470, 128 P. 543; City of Salina ... v. Cooper, 45 Kan. 12, 25 P. 233; State v ... Allen, 41 Wash. 63, 82 P. 1036; Pope v. State, ... 56 Fla. 81, 16 Ann. Cas. 972, 47 So. 487; Krolage v. People, ... 224 Ill. 456, 8 Ann. Cas. 235, 79 N.E. 570.) ... If ... there is sufficient showing to raise a doubt as to the plea ... being voluntary, it should be set aside. (People v ... ...
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State v. Rose, 32366
...are cited in State v. Hensley, supra. In only one instance which comes to our attention have we reversed such an order. State v. Allen, 41 Wash. 63, 82 P. 1036. In that case the defendant pleaded guilty without representation of counsel, and without the trial court specifically informing hi......
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State v. Poglianich
... ... In ... addition to this, from the whole record it appears that ... statutory requirements were not complied with in some ... particulars in which the duty of the court is declared, and ... which have been held to be mandatory. ( State v ... Allen , 41 Wash. 63, 82 P. 1036.) ... This ... court announced the rule in State v. Raponi , 32 ... Idaho 368, at 373, 182 P. 855, that the discretion to permit ... a plea of guilty should be withdrawn should be liberally ... exercised. In view of all the showing made, we are convinced ... ...
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St. Louis, Iron Mountain & Southern Railway Company v. Copeland
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