Kuhn v. State

Dissenting Opinion.

Swaim, J.

By the decision of the majority of the court this cause is remanded to the trial court for answer to appellant’s verified motion to set aside the judgment and to withdraw his plea of guilty, and for hearing and decision of the issue tendered by said motion. With this mandate I cannot agree.

The majority opinion states that the facts alleged in appellant’s motion, if true, were sufficient to require the trial court to grant the motion. On this there can be no question.

The verified motion alleged that appellant was nineteen years of age, had spent practically all of…