State v. Burwell

[dissenting).

Appellant’s affidavit that he did not plead, and was not called upon to do so or had no opportunity to plead, was filed after trial upon the merits and his conviction, and is sole basis for his assignment of error in this particular.

“Defendant further says that he was never called on to enter any plea, to either the original or the amended • information; and that he never at any time refused to enter a plea, * *

The record of his own actions completely contradicts this statement. On December 3, 1945, the court minute recites the defendant waived the reading of the information and…