Deloach v. State
Mississippi Supreme Court
Ebom: the circuit court of Lowndes county. How. EugeNE 0. Sykes., Judge. Deloach, the appellant, was prosecuted for burglary. The opinion of the court states the case. If it appear probable that an. error has been committed and an injustice done, this court will reverse the case and allow defendant a trial on the charge against him.
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Ebom: the circuit court of Lowndes county. How. EugeNE 0. Sykes., Judge. Deloach, the appellant, was prosecuted for burglary. The opinion of the court states the case. If it appear probable that an. error has been committed and an injustice done, this court will reverse the case and allow defendant a trial on the charge against him. Cunningham v. State, 56 Miss., 269; Ford v. State, 73 Miss., 734; Wharton’s Criminal'Law, sec. 531; Constitution of Mississippi, sec 28. • The question of allowing the plea of guilty to be withdrawn rests in the sound discretion of the presiding judge. The exact…
1Opinion of the CourtTebbal, J.
Hardy Deloach- at the November term, 1899, of the circuir court of Lowndes county, pleaded guilty to an indictment for *692the burglarv of the dwelling house of Safe Neal. On a subsequent day of the same term the defendant submitted to the court his application to withdraw his plea of guilty, and for a trial before a jury, and with his application for a trial upon the merits of the case the defendant submitted his own affidavit of his innocence, and the testimony of several persons in his favor, one of whom testified that he considered him insane, and others testified that he was weak-minded.…
2Cases cited1 opinion
- Gauldin v. CrawfordSupreme Court of Georgia · 1860
3Cited by9 opinions
- Eckles v. StateSupreme Court of Florida · 1938
- Pittman v. StateMississippi Supreme Court · 1945
- State v. StevensonWest Virginia Supreme Court · 1910
- Thornhill v. StateMississippi Supreme Court · 1961
- Brooks v. StateOhio Court of Appeals · 1923
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