State v. Ballard

SPEAR, Justice.

This is an appeal from a judgment of guilty and an order committing appellant to the state penitentiary following a plea of guilty by the defendant-appellant to the charge of burglary in the first degree. Actually the appeal is not taken from the appellant’s plea of guilty or the resultant judgment. Instead it is taken from the sentence that was imposed by the court, appellant contending that, as a matter of law, he was entitled to probation on the facts adduced and in the record.

After having counsel regularly appointed to defend him, appellant first plead “not guilty” to the…