Smith v. State

David Ernest Smith, the appellant, pleaded guilty to murder in the second degree in the Circuit Court for Prince George’s County, Judge Perry G. Bowen, Jr., presiding. 1

Smith initially contends that the plea should not have been accepted by the court. The record discloses that after a general plea of not guilty had been entered to the indictment; after a jury had been empaneled; after opening statements had been made; and after four witnesses had testified on behalf of the prosecution, counsel for the accused announced to the court:

“I would like to at this time withdraw the plea of not guilty…