Recor v. State

I must reluctantly dissent from Judge Russell’s opinion.

Under present law the defendant in a criminal case entering a plea of guilty may generally waive the usual charge of the trial court to the jury. At the time the plea of guilty was entered in this case and the recommendation of the parties accepted by the jury the Code had been recently amended so as to provide that, upon a plea of guilty and submission to the jury for approval of the recommended punishment:

“ * * * In such pleas of guilty by stipulation and agreement, the judge shall not be required to charge the jury in writing, or…