Woodward v. State
Court of Appeals of Georgia
Indictment for gaming; from Enlton superior court — Judge Thomas. March 7, 1913. The plaintiff in error was indicted for gaming. On arraignment he filed a plea of not guilty. After the evidence for the State had been introduced, his attorney, asked permission from the court to withdraw the plea of not guilty and to enter a plea of guilty.
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Indictment for gaming; from Enlton superior court — Judge Thomas. March 7, 1913. The plaintiff in error was indicted for gaming. On arraignment he filed a plea of not guilty. After the evidence for the State had been introduced, his attorney, asked permission from the court to withdraw the plea of not guilty and to enter a plea of guilty. He was allowed to do this; and after having entered the plea of guilty, the attorney for the accused asked the court to postpone sentence until a subsequent day named. The request was granted. On the day upon which sentence was to be imposed, which was the…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.) The Penal Code (1910), § 971, declares that “at any time before j'udgment is pronounced, the prisoner may withdraw the plea of ‘guilty,’ and plead ‘not guilty.’ ” In Griffin v. State, 12 Ga. App. 615 (77 S. E. 1080), in construing this section, it is held that before sentence is pronounced upon the prisoner, he has a right to withdraw his plea of guilty, but that after sentence is pronounced, it ceases to be a right of the prisoner and then may be allowed in the discretion of the presiding judge. The majority of this court are of the opinion that the facts…
2Cases cited1 opinion
- Griffin v. StateCourt of Appeals of Georgia · 1913
3Cited by8 opinions
- Fair v. StateSupreme Court of Georgia · 1980
- King Hardware Co. v. EnnisCourt of Appeals of Georgia · 1929
- Minnick v. JacksonCourt of Appeals of Georgia · 1941
- Wright v. StateCourt of Appeals of Georgia · 1947
- State v. KellarSupreme Court of Missouri · 1932
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