Stafford v. State

BERRY, Judge.

The offense is possession of a still. The punishment is one year in the penitentiary.

The evidence on motion for new .trial is certainly overwhelming if not undisputed, that the district attorney agreed with counsel for defendant that he would recommend a suspended sentence, and in the event the jury failed to suspend the sentence, then appellant would be given a new trial. Induced by this promise, appellant entered a plea of guilty. The jury gave him one year and refused to suspend sentence. Appellant contends that his plea of guilty was induced by persuasion contrary to the…