State v. Richardson
| Decision Date | 04 November 1889 |
| Citation | 98 Mo. 564,12 S.W. 245 |
| Parties | STATE v. RICHARDSON. |
| Court | Missouri Supreme Court |
Defendant pleaded not guilty to an indictment for larceny. He afterwards withdrew the plea, and pleaded guilty, and was sentenced for two years. The next day he moved to have the judgment and plea set aside, and for leave to plead not guilty; alleging in his affidavit that he was not guilty, and that his plea was made under a mistake as to statements made at the time by the officers of the court. An affidavit of the state's attorney and the clerk of the court, and the statement of the judge in the bill of exceptions, were to the effect that there were two indictments against him; that he was told that if he pleaded guilty he would be sentenced for two years on one, and the other would be dismissed. He stated to the court that he wished to plead guilty. One indictment was dismissed, and he was sentenced for two years on the other. Held, that the motion was properly denied.
Appeal from St. Louis criminal court; JAMES C. NORMILE, Judge.
P. W. Fauntleroy, for appellant. Atty. Gen. Wood and A. C. Clover, for the State.
The defendant, being arraigned on a charge of grand larceny in the St. Louis criminal court on the 26th March, 1889, had entered a plea of not guilty. On the 12th April following he withdrew this plea, and pleaded guilty, and was sentenced to two years' imprisonment. On the 13th of that month he filed a motion to set aside the judgment and plea, and for leave to plead not guilty, which was overruled, and on that ruling this appeal was taken.
The motion is supported by his affidavit, in which he states he is not guilty of the charge, that the plea of guilty "was made by reason of, and entirely owing to, a mistake and misunderstanding on his part of the proceedings of the court, and of what was said to him upon the occasion of his said plea in reference thereto by the officers of the court." The deputy-sheriff testified in an affidavit filed by plaintiff: The circuit attorney makes a detailed sworn statement, the substance of which is: ...
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State v. Kellar
...done or said by the prosecuting attorney or the trial judge to mislead the defendants into entering pleas of guilty." In State v. Richardson, 98 Mo. 564, 12 S.W. 245, defendant was not misled by anything said or done by the prosecuting officer or the judge and his request for leave to withd......
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State ex rel. Conway v. Blake
... ... Wyo. 121] the defendant and his attorneys, by consent of the ... prosecution with the approbation of the court, and no ... objection was made by either defendant or any one of his ... attorneys to the proceedings. The case of State v ... Richardson, 98 Mo. 564, 12 S.W. 245, is in point. The ... defendant there when arraigned stated to the court that he ... had an attorney and ... [38 P. 358] ... did not desire to have one appointed by the court. When the ... attorney designated by him as his counsel appeared, he stated ... that he ... ...
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State v. Williams
...complete knowledge, appreciation and understanding of the nature and consequences of such a plea. State v. Stephens, 71 Mo. 535; State v. Richardson, 98 Mo. 564; 16 C. J. 401, 737; 1 Archbald on Crim. Prac. & Pl. (8 Ed.) 334; 1 Greenleaf on Evidence, sec. 216; 2 Bishop New Cr. Prac. (2 Ed.)......
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Griffin v. State
... ... 545, 10 N.E. 421; ... State v. Shanley, 38 W.Va. 516, 18 S.E. 734; ... Clark v. State, 57 N. J. Law, 489, 31 A. 979; ... Commonwealth v. Mahoney, 115 Mass. 151; U.S. v ... Bayaud (C. C.) 23 F. 721; Beatty v. Roberts, ... 125 Iowa 619, 101 N.W. 462; State v. Richardson, 98 ... Mo. 564, 12 S.W. 245; Mounts v. Commonwealth, 89 Ky ... 274, 12 S.W. 311; People v. Lee, 17 Cal. 76; ... State v. Williams, 45 La. Ann. 1356, 14 So. 32; ... Krolage v. People, 224 Ill. 456, 79 N.E. 570, 8 ... Ann.Cas. 235; Pope v. State, 56 Fla. 81, 47 So. 487, ... 16 ... ...