Legal Opinion

State v. Stevens

New York Court of General Session of the Peace

Decided October 14, 1927No. 45PublishedCited by 12 opinions

1Opinion of the Court

Rodney, J.,

delivering the opinion of the Court:

The sole question for determination here is, Can' there ■be an appeal when a plea of guilty has been entered in the inferior .court?.. Many authorities hold that no appeal can ¡be taken and are based upon the principle that a judgment on á plea of guilty is in effect a judgment on confession upon which neither a writ of error nor an appeal can be predicated.

2 R. C. L. § 41, p. 60, says:

“As a general rule a judgment by confession is not reversible either by appeal or writ of error and in a criminal case a party cannot have a judgment properly…

2Cases cited12 opinions

  1. Lowe v. StateCourt of Appeals of Maryland · 1909
  2. State v. EckertWashington Supreme Court · 1923
  3. Weaver v. KimballUtah Supreme Court · 1921
  4. Stokes v. StateSupreme Court of Arkansas · 1916
  5. Holtman v. CommonwealthCourt of Appeals of Kentucky · 1908

7 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Martin v. StateSuperior Court of Delaware · 1955
  2. Hinckle v. StateSupreme Court of Delaware · 1963
  3. Ex Parte JonesCourt of Criminal Appeals of Texas · 1935
  4. Smith v. StateCourt of Special Appeals of Maryland · 1969
  5. State v. StoesserSuperior Court of Delaware · 1962

7 more not listed; retrieve them via the Exa API.

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