State v. LeMay

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This is an appeal from an order denying a Motion for withdrawal of a plea of guilty and to set aside the sentence and judgment predicated thereon. In the alternative the petitioner prays for a writ of error eoram nobis.

An order granting leave to file information was given on August 14, 1957, at Sidney, Montana, in the district court. The petitioner was arraigned before the Honorable F. S. P. Foss, and entered his plea of guilty on the same day to the charge of rape. At defendant’s request sentencing was also pronounced on the same…