State v. Neal

The opinion of the court was delivered by

Smith, J.:

This is an appeal from an order of the district court refusing to permit a defendant in a criminal case to withdraw his plea of guilty.

Defendant pleaded guilty to assault with intent to kill on March 14, 1953. On March 17 he through different counsel filed a motion in which he asked the trial court to permit him to withdraw this plea. Before this motion could be heard he filed an amended one on March 27. In this motion he alleged the plea was entered under a misapprehension of fact and law; that he had been in jail from August 28,1952, to…