Legal Opinion

Smith v. State

Court of Appeals of Georgia

Decided July 12, 1921No. 12474PublishedCited by 4 opinions

Accusation of larceny; from city court of Albany — Judge Clayton Jones. April 12, 1921. See Walker v. State, ante, 270.

1Opinion of the CourtLuke, J.

The matter of allowing a plea of guilty to be withdrawn after sentence is imposed being discretionary with the , trial court, the judge properly refused, under the particular facts of the instant ease, to allow the plea withdrawn, since the defendant did not prove, as it was incumbent upon him to do, that the judge, or solicitor, or some other court official misled him or induced him to plead guilty (Foster v. State, 22 Ga. App. 109 (95 S. E. 529) ), but merely proved that his plea of guilty was entered because of the statement of two policemen that he would get off with a light fine.…

2Cases cited2 opinions

  1. Jackson v. StateSupreme Court of Georgia · 1896
  2. Foster v. StateCourt of Appeals of Georgia · 1918

3Cited by4 opinions

  1. Clark v. StateCourt of Appeals of Georgia · 1945
  2. Fortson v. StateCourt of Appeals of Georgia · 1957
  3. King v. StateCourt of Appeals of Georgia · 1955
  4. Boyett v. StateCourt of Appeals of Georgia · 1950

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