State v. Carroll

The defendant was arraigned on an indictment charging him with rape and pleaded not guilty. He was released on bail and, in due course, the case was assigned for trial to October 27, 1970.

On that date with the prosecutrix and all of the state’s witnesses present and ready for trial, counsel for the defendant informed the Superior Court justice, before whom the case was to be tried, that his client desired to retract his plea of not guilty and plead nolo contendere. In furtherance of this request, counsel informed the Superior Court justice that he had advised defendant that a plea of nolo was…