King v. State
Court of Appeals of Georgia
1Opinion of the CourtTownsend, J.
Before sentence is pronounced a plea of guilty may be withdrawn as a matter of right. Code § 27-1404. After a sentence is pronounced, the right to withdraw it rests within the sound legal discretion of the trial judge. Clyburn v. State, 65 Ga. App. 747 (16 S. E. 2d 442). This discretion must be exercised, not in opposition to, but in accordance with, established rules of law. “In no case of conflicting evidence will the judge’s finding of facts be controlled by the reviewing court. But if, upon the facts as he found them, the law demands that a particular judgment be rendered, a contrary…
2Cases cited9 opinions
- Griffin v. StateCourt of Appeals of Georgia · 1913
- Hilliard v. StateCourt of Appeals of Georgia · 1953
- Davis v. StateSupreme Court of Georgia · 1856
- Farley v. StateCourt of Appeals of Georgia · 1919
- Woodward v. StateCourt of Appeals of Georgia · 1913
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3Cited by5 opinions
- Chives v. StateCourt of Appeals of Georgia · 1994
- Fortson v. StateCourt of Appeals of Georgia · 1957
- Allen v. StateCourt of Appeals of Georgia · 1968
- Stone v. StateCourt of Appeals of Georgia · 1978
- Williamson v. StateCourt of Appeals of Georgia · 1966