Atkinson v. State

In the Delaware Circuit Court, by indictment, appellant was charged with visiting a certain gaming house, in violation of §2871 Burns 1914, Acts 1905 p. 584. On being arraigned he pleaded guilty, and the cause was then continued. Four months later, by a verified motion, he sought permission from the court to withdraw his . plea of guilty for the purpose of filing a plea in abatement averring immunity. The trial court overruled this motion, and thereupon sentenced him to pay a fine and to imprisonment at the Indiana State Farm. The action of the court in overruling appellant’s motion to…