People v. Hamlin

In April of 1953 defendant pleaded guilty to the felony of assault with intent to commit rape, and was given probation. In October of that same year, after a court hearing, probation was revoked. So far as the record shows, no appeals were taken from these orders. On August 1, 1956, defendant filed a “Motion to Quash, Vacate, and Set Aside Judgment.” This motion was based on allegations that (1) the verdict was contrary to law; (2) that defendant has been placed in double jeopardy, and (3) that the trial judge and prosecuting attorney had been guilty of prejudicial misconduct. The motion was…