People v. Fred Smith

In August 1967, defendant Fred Smith was convicted by a jury of rape, MCLA § 750.520 (Stat Ann 1954 Rev § 28.788), and breaking and entering with intent to commit larceny, MCLA § 750.110 (Stat Ann 1962 Rev § 28.305). A motion for a new trial was granted and on January 26, 1968, defendant pled guilty to breaking and entering. This Court granted defendant’s application for a delayed appeal from the denial of his motion for a new trial on the breaking and entering charge.

The sole issue on appeal is whether it was error to accept defendant’s guilty plea, in view of certain information before the…