State v. Yates
Supreme Court of Kansas
Appeal from Brown District Court. ON the 13th day of February, 1893, there was filed an information against L. B. Yates, charging him in several different counts with having violated the prohibitory liquor law in his drug store in the city of Hiawatha. After Yates was arrested, he moved to quash the warrant.
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Appeal from Brown District Court. ON the 13th day of February, 1893, there was filed an information against L. B. Yates, charging him in several different counts with having violated the prohibitory liquor law in his drug store in the city of Hiawatha. After Yates was arrested, he moved to quash the warrant. This motion was overruled at the February term, 1893, and the cause continued to the'May term, Yate3 being required to give a recognizance in the sum of $1,000. At the May term, 1893, the county attorney filed an amended information, charging Yates with keeping a place where intoxicating…
1Opinion of the Court
The opinion of the court was delivered by
HortoN, C. J.:
The rule is, that where a defendant has pleaded guilty in a criminal case, and sentence has been passed upon him, it is within the sound discretion of the trial ■court to permit the plea to be withdrawn, and to allow a plea ■of not guilty to be entered. If the court abuses its discretion, error may be assigned therefor. (City of Salina v. Cooper, 45 Has. 12; 4 Am. & Eng. Encyc. of Law, 776, and cases cited.)
In this case, we do not think the trial court erred in the -exercise of its discretion. Before the plea of guilty was rendered, the…
2Cited by10 opinions
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- State v. ByrdSupreme Court of Kansas · 1969
- State v. NicholsSupreme Court of Kansas · 1949
- People v. BonheimIllinois Supreme Court · 1923
- State v. DownsSupreme Court of Kansas · 1959
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