State v. Williams

HYDE, Judge.

Defendant sentenced to death on plea of guilty to a charge of forceable rape. (Sec. 559.260, statutory references are to RSMo and V.A.M.S.) Defendant’s motion to withdraw plea was overruled and he has appealed.

Under the circumstances of this case our conclusion is that defendant should have been permitted to withdraw his plea and have a trial on the merits. (See Mo. Rule 27.25, V.A.M.R.; see also Federal Rule 32 (d) and discussion in Barron and Holtzoff Federal Practice and Procedure, Sec. 2264 and cases cited.) Defendant was represented by appointed counsel, who made very…