Commonwealth v. Phelan

The defendant was sentenced on December 12, 1927, on his pleas of guilty, on two indictments charging him with larceny, to the State prison and forthwith was committed on execution of the sentences. On October 19, 1928, he filed as to each indictment a motion bearing the caption “Motion to Vacate the Judgment in Said Case and for Leave to Withdraw the Plea of Guilty.” In each motion it was represented in substance that at the time of said plea the defendant was not guilty but was innocent of the offences *22charged; that at the time he made said plea his mind was so affected that he did not…