[DOWNLOAD] "State v. Casaras" by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. Casaras
- Author : Supreme Court of Montana
- Release Date : January 05, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Criminal Law ? Murder in First Degree ? Application to Change Plea of Guilty to not Guilty ? Refusal of Application Held Abuse of Discretion ? Plea of Guilty must be Voluntary. Criminal Law ? Plea of Guilty by One Charged With Crime Should be Entirely Voluntary. 1. One charged with crime should not be persuaded to make a plea of guilty against his will; such a plea should be entirely voluntary by one competent to know the consequences and should not be induced by fear, persuasion, promise or ignorance. Same ? Application of Defendant to Change Plea of Guilty to not Guilty ? Doubt as to First Plea Having Been Voluntary ? Application to be Granted. 2. On hearing of an application of defendant, accused of crime, for permission to change his plea of guilty to not guilty, any doubt that the first plea was not voluntary should be resolved in his favor and in favor of a trial on the merits. Same ? Circumstances Under Which Refusal of Application to Change Plea of Guilty to not Guilty Abuse of Judicial Discretion. 3. Defendant, a Mexican without education and unfamiliar with court procedure, stood charged with murder in the first degree. His counsel, appointed to defend him, advised the court that his client insisted on a jury trial and asked that he be relieved of his assignment. Another attorney was appointed and he advised defendant to plead guilty and take a life sentence, whereas if he were tried by a jury the sentence would be one of death. Defendants plea was guilty, and the court imposed the death sentence. Held, that the trial court abused its discretion in refusing to grant defendants motion for permission to change his plea to one of not guilty.