People v. Sullivan

March 13,1928, defendant pleaded guilty to the crime of burglary and on the same day was sentenced to a term in the State prison. On April 4th he made motion for new trial, with supporting affidavits claiming alibi, and that defendant was mentally undeveloped. The motion was noticed for hearing on April 14th. Nothing was done on that day. On May 28th, defendant having changed attorneys but without substitution on file, a new notice of hearing on June 2d was given. Hearing was not had on the latter date, but defendant’s counsel filed consent to an order of substitution of attorneys and gave…