Caves v. State

On February 19, 1962, appellant was indicted for grand larceny, stealing an automobile. He entered a plea of guilty on February 26, 1962, and was sentenced to the penitentiary. On March 2, during the same term of court, but apparently after the juries had been discharged, appellant filed a motion for leave to withdraw his plea of guilty and enter a plea of not guilty. This motion was supported by the affidavit of appellant and another. These affidavits stated facts which, if true, justified sustaining the motion. Appellant also made oath he had a meritorious defense.

We state the facts in the…