State v. Hortman
Supreme Court of Iowa
Appeal from, Cherolcee District Court. — HoN. Geo. W. Wakeeield, Judge. The defendant was indicted by the grand jury of Cherokee county, charged with the crime of murder in the first degree: After a demurrer to the indictment had been overruled, the defendant entered his plea of not guilty; Thereafter, and in open court, he withdrew the plea so entered and entered a plea of “ Guilty of the homicide charged in the indictment.”
Read the full summary
Appeal from, Cherolcee District Court. — HoN. Geo. W. Wakeeield, Judge. The defendant was indicted by the grand jury of Cherokee county, charged with the crime of murder in the first degree: After a demurrer to the indictment had been overruled, the defendant entered his plea of not guilty; Thereafter, and in open court, he withdrew the plea so entered and entered a plea of “ Guilty of the homicide charged in the indictment.” Evidence was taken by the court relative to the circumstances connected with the commission of the crime alleged, at the close of wlrich the court announced that the…
1Opinion of the CourtBishop, J.
The judgment from which this appeal is taiken is assailed in argument by-the learned counsel for appellant upon several grounds; the principal one being that, under the law of this state, the defendant had the absolute right, at any time before judgment was formally pronounced, to withdraw his plea of guilty, and substitute therefor a plea of not guilty, and accordingly that the' court erred in refusing to permit him to make- and have recorded the substitution of pleas as demanded by him. The contention of counsel is predicated upon the provisions of section 5337 of the Code, and former…
2Cases cited4 opinions
- State v. KraftSupreme Court of Iowa · 1860
- State v. FarleeSupreme Court of Iowa · 1888
- State v. OehlshlagerSupreme Court of Iowa · 1874
- State v. BuckSupreme Court of Iowa · 1882
3Cited by14 opinions
- State v. MartinSupreme Court of Iowa · 1952
- Krolage v. PeopleIllinois Supreme Court · 1906
- State v. HarperSupreme Court of Iowa · 1935
- State v. RaponiIdaho Supreme Court · 1919
- State v. MacHovecSupreme Court of Iowa · 1945
9 more not listed; retrieve them via the Exa API.