State v. Smith

DONNELLY, Judge.

An information filed in the Circuit Court of Macon County on December 13, 1965, charged defendant, Dee Mitchell Smith with statutory rape. Section 559.260, RSMo 1959, V.A.M.S. On February 16, 1966, defendant appeared with his attorney, Charles A. Powell, Jr., entered a plea of guilty to the charge, was sentenced to imprisonment for two years, applied for and was denied parole, and then sought to withdraw the plea of guilty.

In State v. Williams, Mo.Sup., 361 S.W.2d 772, at 775, this Court stated: “We have said: ‘The guiding rules are that a plea of guilty is but a confession in…