(DOWNLOAD) "State v. Nance" by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Nance
- Author : Supreme Court of Montana
- Release Date : January 16, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
1. Criminal law ? Change of plea ? Discretion of court. The granting or refusal of permission to withdraw a plea of guilty and to substitute a plea of not guilty rests in the discretion of the trial court and is subject to review only where an abuse of discretion has been shown. 2. Criminal law ? Change of plea ? Allowance of defendant on facts of particular case. Whether permission should be granted to withdraw a plea of guilty and substitute a plea of not guilty depends upon the facts of the particular case. 3. Criminal law ? Change of plea allowed after judgment, when. The court may permit the withdrawal of a plea of guilty and the substitution of a plea of not guilty after judgment has been pronounced and a change of plea will ordinarily be permitted if it fairly appears that the defendant was in ignorance of his rights and the consequences of his act, or if unduly and improperly influenced either by hope or fear in pleading guilty, or that the plea was entered under some mistake or misapprehension. 4. Criminal law ? Defendant not misled into plea of guilty. Evidence showed that defendant was not misled into pleading guilty and that he did so with full understanding as to the consequences. 5. Criminal law ? Time for request to change plea. In order to receive favorable consideration, an application to withdraw a plea of guilty should be made within a reasonable time. 6. Criminal law ? Request for change of plea not made timely here. Where one information was filed on December 10, 1945, and others on February 27, 1946, and pleas of guilty were entered on March 16, 1946, and fines then assessed against defendant were paid and stay of execution of jail sentences for 30 days was granted, motion for leave to withdraw pleas of guilty and to substitute therefor pleas of not guilty was not timely made. 7. Criminal law ? Agreements between defendant and county attorney. The court does not generally encourage the making of bargains with persons charged with crime, but it will not lend its assistance to an accused criminal in escaping the obligations of his agreement after accepting the benefits thereof by permitting him to withdraw a plea of guilty. 8. Criminal law ? Change of plea ? Ability of counsel considered. In determining whether the trial court abused its discretion in refusing to permit the withdrawal of a plea of guilty, the fact that defendant had the assistance of able counsel must be considered. 9. Criminal law ? Refusal of request to change plea not abuse of discretion. Denial of defendants motions to withdraw pleas of guilty in five separate cases of selling liquor to minors was not an abuse of discretion.
 "State v. Nance" by Supreme Court of Montana " eBook PDF Kindle ePub Free){kind=link}