Commonwealth v. Middleton

.STIVELY, J.,

In considering this petition to withdraw a guilty plea after a homicide degree-of-guilt hearing but prior to sentence, the court finds that the following principles apply:

“Although there is no absolute right to withdraw a guilty plea, properly received by the,trial court, it is clear that a request made before sentencing . . . should be liberally allowed.”

Thus, in determining whether to grant a pre-sentence motion for withdrawal of a guilty plea, “the test to be applied by the trial courts is fairness and justice.” United States v. Stayton, supra at 561, 408 F.2d 559, (3d Cir.…