State v. Stephens

• Court: United States State Supreme Court of Missouri
• Writing for the Court: SHERWOOD
• Citation: 71 Mo. 535
• Decision Date: 30 April 1880
• Parties: THE STATE v. STEPHENS, Appellant.

71 Mo. 535

THE STATE
v.
STEPHENS, Appellant.

Supreme Court of Missouri.

April Term, 1880.

Appeal from Johnson Criminal Court.--The case was tried before HENRY NEILL, ESQ., sitting as Special Judge.

REVERSED.

Land & Sparks and A. B. Logan for appellant.

J. L. Smith, Attorney-General, for the State.

SHERWOOD, C. J.

The defendant was indicted under section 1455, Revised Statutes, for breaking jail. We find nothing in the points assigned requiring comment, except the action of the special judge in regard to the plea of guilty entered by defendant. There is no bill of exceptions, signed in the usual way, before us, but the statutory method which is the same in criminal as in civil cases, (Rev. Stat., 1879, § 1921,) has been pursued, and the bill signed by three by-standers, (Ib. §§ 3637, 3638, 3640, 3641), and supported by five affidavits deposited in the clerk's office. Under the provisions of section 3641, supra, copies of these affidavits form a part of the record of the cause, and by them the truth of the bill of exceptions, which the judge refused to sign, is to be tried. Ib. § 3643.

We have carefully examined the affidavits thus filed in connection with the indorsement made upon the bill by the special judge, and after such perusal have reached the conclusion that the affidavits are less likely to err, as to the actual facts of the case, than the special judge. Taking this view of the matter, we find that the attorneys of the defendant, after the election of the special judge, and

[71 Mo. 536]

before he took his seat on the bench, had an interview with him, it would seem in the court room, and were led to believe, by the words and acts of the special judge, that if the defendant would plead guilty, he would receive the lowest punishment allowed by law; that this understanding was communicated to defendant, who thereupon pleaded guilty, but instead of the lowest, was awarded the highest punishment which the law prescribes. But if we take as true the indorsement made upon the bill by the special judge, the fact remains, as stated in the affidavits of the attorneys and the defendant, that they were induced to enter a plea of guilty, under the belief that by...