Carson v. State

The majority correctly say that it is within the sound judicial discretion of the trial court to refuse to permit an unconditional plea of guilty to be withdrawn. But it is not and cannot be contended that the court is without power to permit the withdrawal of a plea of guilty which is unconditional. Section 3902, Pope’s Digest, provides that “At any time'.before judgment the court may permit the plea of guilty to be withdrawn and a plea of not guilty substituted. ’ ’ The law is, therefore, that, even though appellant’s plea of guilty was absolute and unconditional, it was within the power of…