People v. Codarre

On August 26, 1943, defendant, then 13 years of age, was indicted for the first degree murder of Elizabeth Voight, then about 10 years old.

The principal question involved is: (a) whether on November 23, 1943, when the defendant pleaded guilty to murder in the second degree, he had a “ plausible defense ” (legal insanity by reason of epilepsy); and (b) whether insufficient consideration was given to such defense. If he had such a defense, his present application to vacate the judgment of conviction would have to be granted and a new trial ordered. Such vacatur now would result in a dismissal…