Heim v. United States
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a judgment of the Supreme Court of the District of Columbia, on verdict, in a criminal prosecution for adultery. The Court in the opinion stated the facts as follows: Appellant, George W. Heim, defendant below, was convicted in the Supreme Court of the District of Columbia of the crime of adultery. It appears that, when arraigned, defendant entered a plea of not guilty.
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Hearing on an appeal from a judgment of the Supreme Court of the District of Columbia, on verdict, in a criminal prosecution for adultery. The Court in the opinion stated the facts as follows: Appellant, George W. Heim, defendant below, was convicted in the Supreme Court of the District of Columbia of the crime of adultery. It appears that, when arraigned, defendant entered a plea of not guilty. Thereafter, when the cause came on for trial, ho appeared in court with- counsel who had been representing him, but who had expressed a desire to withdraw from the ease. The defendant asked the court…
1Dissent
.Mr. Chief .Justice Smyth
dissenting:
I am unable to concur in the judgment of the comb. i>y the decision just delivered, a plea of guilty in the trial court, no matter how freely made, if subsequently withdrawn, cannot afterwards be used against the defendant as evidence upon his trial in a criminal case. The question is new in this jurisdiction. It is said that there are not many decisions one way or the other upon the question, and that those which exist are fairly well divided in point of number, some favoring the admission of the plea and others opposing it. It is then for us to decide…
2Cases cited17 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- State v. BriggsSupreme Court of Iowa · 1886
- Mecham v. McKayCalifornia Supreme Court · 1869
- State v. CartaSupreme Court of Connecticut · 1916
- Beason v. StateCourt of Criminal Appeals of Texas · 1902
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