Legal Opinion

Foster v. State

Court of Appeals of Georgia

Decided April 2, 1918No. 9468PublishedCited by 6 opinions

Certiorari; from Fulton, superior court—Judge Pendleton. November 1, 1917. O. T. Foster was charged, in the criminal court, of Atlanta, with possessing spirituous and intoxicating liquors. A plea of guilty was entered, and the judge sentenced him to pay a fine of $1,000, or in lieu thereof to serve twelve months on the public works of Fulton county.

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Certiorari; from Fulton, superior court—Judge Pendleton. November 1, 1917. O. T. Foster was charged, in the criminal court, of Atlanta, with possessing spirituous and intoxicating liquors. A plea of guilty was entered, and the judge sentenced him to pay a fine of $1,000, or in lieu thereof to serve twelve months on the public works of Fulton county. After senténce was passed, the defendant made a motion to withdraw “what was taken as a plea of guilty,” and to vacate and set aside the judgment imposing the sentence, on the ground that he did not intend to plead guilty, and that when he came…

1Opinion of the CourtHarwell, J.

1. The matter of allowing a plea to be withdrawn after' sentence is imposed being discretionary with the trial judge, he properly refused, under the facts of the instant case, to set aside the judgment imposing sentence, and to. allow the plea to be withdrawn. *110Griffin v. State, 12 Ga. App. 615 (4), 620 (77 S. E. 1080); Bearden v. State, 13 Ga. App. 264 (79 S. E. 79).

Decided April 2, 1918. Certiorari; from Fulton, superior court—Judge Pendleton. November 1, 1917. O. T. Foster was charged, in the criminal court, of Atlanta, with possessing spirituous and intoxicating liquors. A plea of guilty…

2Cases cited3 opinions

  1. Griffin v. StateCourt of Appeals of Georgia · 1913
  2. Bearden v. StateCourt of Appeals of Georgia · 1913
  3. Jackson v. StateSupreme Court of Georgia · 1896

3Cited by6 opinions

  1. Clark v. StateCourt of Appeals of Georgia · 1945
  2. Welch v. StateCourt of Appeals of Georgia · 1940
  3. Sanders v. StateCourt of Appeals of Georgia · 1939
  4. Holston v. StateCourt of Appeals of Georgia · 1961
  5. Smith v. StateCourt of Appeals of Georgia · 1921

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