People v. Cumby

Fletcher B. Cumby, the defendant, pled guilty to first-degree murder on October 27, 1969, and was sentenced to life imprisonment. Mr. Cumby now seeks to vacate that plea and reinstate his “not guilty” plea on grounds that his “guilty” plea was not voluntarily and understandingly entered and on the further ground that the court which took his plea failed to comply with the mandatory requirements of Crim. P. 11 (c). The Attorney General has confessed error and we agree.

The transcript of the arraignment at which Mr. Cumby entered his plea shows that the trial court inquired as to the…