People v. Kirk

On October 21, 1948, defendant was charged by an indictment returned by the Grand Jury of Los Angeles County with five counts of abortion. Defendant at the outset pleaded not guilty to all counts but his plea was changed to that of guilty as to Count III on the second day of trial. On May 5, 1949, defendant was sentenced to a term of imprisonment in San Quentin and Counts I, II, IV and V were dismissed. On August 22, 1949, defendant, through his present attorney, Sam Houston Allen, served and filed his motion for an order to set aside the plea and judgment and sentence imposed thereon. The…