People v. Aseltine

SCOTT, J., pro tem.

The defendant McCabe was charged with one count of conspiracy to commit grand theft and twenty-three counts of grand theft. Upon arraignment, he pleaded not guilty but on the date of trial withdrew that plea as to five counts and pleaded guilty as to them. He applied for probation, which, at the time of the hearing, January 19, 1934, was denied. Sentence was thereupon imposed as to each of the five counts, to run consecutively, and the remaining nineteen counts were dismissed. Seven weeks thereafter, on March 9, 1934, defendant filed his “motion to vacate judgment and set…