Legal Opinion

Holston v. State

Court of Appeals of Georgia

Decided March 16, 1961No. 38759PublishedCited by 6 opinions

1Opinion of the Court

Townsend, Presiding Judge.

1. After the pronouncement of the sentence in a criminal case, the defendant may no- longer withdraw his plea of guilty as a matter of right, but this is a matter within the sound legal discretion of the trial- court. Code § 27-1404; Sanders v. State, 18 Ga. App. 786 (90 S. E. 728).

2. “In exercising this discretion, the trial judge settles all conflicts in evidence and is the exclusive arbiter of the facts. He has no discretion in reference to a finding of law. The exercise of a sound, legal discretion presupposes an application of settled rules of law to the facts…

2Cases cited6 opinions

  1. Griffin v. StateCourt of Appeals of Georgia · 1913
  2. Strickland v. StateSupreme Court of Georgia · 1945
  3. Sanders v. StateCourt of Appeals of Georgia · 1916
  4. Foster v. StateCourt of Appeals of Georgia · 1918
  5. Fortson v. StateCourt of Appeals of Georgia · 1957

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Dean v. StateCourt of Appeals of Georgia · 1985
  2. Marshall v. StateCourt of Appeals of Georgia · 1973
  3. Ballard v. StateCourt of Appeals of Georgia · 1974
  4. Calloway v. StateCourt of Appeals of Georgia · 1967
  5. Ballard v. StateCourt of Appeals of Georgia · 1974

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API