People v. Van Orden

The defendant was indicted for murder in the first degree, in that he “ shot and killed Samuel Guthert with a revolver.” He pled guilty to murder in the second degree, thereby admitting all of the essential ingredients of the charge, except that of deliberation and premeditation.

*66The defendant, at the time of the sentence, received an additional penalty of five to ten years for being armed with a revolver at the time of the crime. It does not appear that he made any protest against this, and no appeal was taken.

Eleven years have since elapsed. The sentencing judge is dead. The defendant now…