State v. Layer
North Dakota Supreme Court
Appeal from an order of District Court, McLean county, denying a new trial and from a judgment of conviction. Nuessle, J. Where the accused in a criminal prosecution in the trial court is forced through well grounded fears of mob violence, to plead guilty and to be sentenced to imprisonment for a term of years, he has a right to relief from such sentence and plea by proper proceedings in the same Court. State v. Calhoun, 50 Kans. 532; 18 L. R. A. (N. S.) 838; 34 Am.
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Appeal from an order of District Court, McLean county, denying a new trial and from a judgment of conviction. Nuessle, J. Where the accused in a criminal prosecution in the trial court is forced through well grounded fears of mob violence, to plead guilty and to be sentenced to imprisonment for a term of years, he has a right to relief from such sentence and plea by proper proceedings in the same Court. State v. Calhoun, 50 Kans. 532; 18 L. R. A. (N. S.) 838; 34 Am. St. Rep. 141. The plea should be entirely voluntary by one competent to know the consequences and should not be induced by…
1Opinion of the CourtGrace, C. J.
This is an appeal from a judgment of conviction and from an order of the district court wherein it denied the motion of the defendant to withdraw his plea of guilty, entered by him to the charge of murder in the first degree, contained in the information duly filed in the district court of McLean county. Subsequent to the time defendant entered his,plea, the judgment of conviction was entered, and thereafter he was sentenced to imprisonment in the State Penitentiary at Bismarck for life.
Thereafter he made a motion before the same district judge, asking that the judgment of conviction be set…
2Cases cited3 opinions
- Sanders v. StateIndiana Supreme Court · 1882
- State v. CalhounSupreme Court of Kansas · 1893
- Little v. CommonwealthCourt of Appeals of Kentucky · 1911
3Cited by10 opinions
- State v. StorbakkenNorth Dakota Supreme Court · 1976
- State v. BarlowNorth Dakota Supreme Court · 1971
- Kidd v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1934
- Application of StoneNorth Dakota Supreme Court · 1969
- Mazakahomni v. StateNorth Dakota Supreme Court · 1947
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