Mounts v. Commonwealth
Court of Appeals of Kentucky
Case 43 — APPEAL FROM PIKE CIRCUIT COURT. 1. The court erred in allowing the Commonwealth to introduce a witness to inflame the minds of the jury after appellant had entered a plea of guilty. 2. The appellant should have been allowed to withdraw his plea of guilty, and enter a plea of not guilty.
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Case 43 — APPEAL FROM PIKE CIRCUIT COURT. 1. The court erred in allowing the Commonwealth to introduce a witness to inflame the minds of the jury after appellant had entered a plea of guilty. 2. The appellant should have been allowed to withdraw his plea of guilty, and enter a plea of not guilty. (Criminal Code, sec. 174; 17 American Law Bep., 567; People v. McGregory, 41 Cal., 458; Gardner v. People, 4 Criminal Law Magazine, 881; Myers v. State, 18 N. E. Bep., 42; Davis v. State, 20 Ga., 674; Sanders v. State, 85 Ind., 318; State v. Stevens, 71 Mo., 535; State v. Bing, 71 Mo., 551; State v.…
1Opinion of the CourtChief Justice Lewis
It appears from the bill of exceptions that when the case was called for trial the attorney for the Common*276wealth announced the plaintiff ready, but appellant submitted a motion for continuance based on an affidavit, .and thereupon the attorney for the Commonwealth admitted the defendant could prove the facts set out in his affidavit, and that it might be read in evidence to the jury. Such an admission is not sufficient to justify the court in requiring a defendant to go to trial in the absence of his witnesses, if it appear from his affidavit their evidence is material for his defense, and he…
2Cited by16 opinions
- Griffin v. StateCourt of Appeals of Georgia · 1913
- Kidd v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1934
- State of Wyo. v. Cleveland BrownWyoming Supreme Court · 1944
- State v. KellarSupreme Court of Missouri · 1932
- Ward v. United StatesCourt of Appeals for the Sixth Circuit · 1940
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