Smith v. State

It is my opinion that the trial court erred in overruling the second special ground of the amended motion for a new trial. Code § 27-1404 provides in part as follows: “The prisoner may withdraw his plea of ‘guilty’ and plead ‘not guilty’, and such former plea shall not be given in evidence against him on his trial.” Notwithstanding this provision of the law the solicitor-general offered in evidence the plea of “guilty” which had been withdrawn by the. defendant and for which the plea of “not guilty” had been substituted. In Johnson v. State, 36 Ga. App. 127 (135 S. E. 492), it is held as…