Legal Opinion

Cox v. State

Supreme Court of Arkansas

Decided September 28, 1914PublishedCited by 6 opinions

Appeal from Greene Circuit Court; W. J. Driver, Judge; STATEMENT BY-THE COURT. The appellant was indicted at the December, 1912, term of the Greene Circuit Court for assault with intent to kill. He entered his plea of guilty, and the cause was continued until the December, 1913, term of the court. At that term the prosecuting attorney asked that the appellant be sentenced.

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Appeal from Greene Circuit Court; W. J. Driver, Judge; STATEMENT BY-THE COURT. The appellant was indicted at the December, 1912, term of the Greene Circuit Court for assault with intent to kill. He entered his plea of guilty, and the cause was continued until the December, 1913, term of the court. At that term the prosecuting attorney asked that the appellant be sentenced. The appellant thereupon filed the following petition: “Comes the defendant and moves the court to set aside the plea of guilty heretofore entered by defendant in this cause, and says that he had no attorney at the time of…

1Opinion of the Court

Wood, J.,

(after stating the facts). The court did

not err in overruling the appellant’s motion to set aside his plea of guilty entered at a former term of the court, and in sentencing appellant upon such plea. The appellant was twenty-four years of age. He was advised by the court of the legal consequences of such plea.(1) The statute provides for the appointment of counsel upon the request of one who has been indicted for a felony where he is unable to employ any. Kirby’s Digest, § 2273. Appellant made no request for the court to appoint counsel to defend him. On his motion to set aside the…

2Cases cited5 opinions

  1. Joiner v. StateSupreme Court of Arkansas · 1910
  2. Greene v. StateSupreme Court of Arkansas · 1908
  3. Thurman v. StateSupreme Court of Arkansas · 1891
  4. Barwick v. StateSupreme Court of Arkansas · 1913
  5. State v. WrightSupreme Court of Arkansas · 1910

3Cited by6 opinions

  1. Davis v. StateSupreme Court of Arkansas · 1925
  2. Hudspeth v. StateSupreme Court of Arkansas · 1933
  3. Massey v. CunninghamSupreme Court of Arkansas · 1925
  4. Miller v. StateSupreme Court of Arkansas · 1923
  5. Adams v. Plummer, JudgeSupreme Court of Arkansas · 1948

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