Batchelor v. State
Batchelor v. State of Indiana
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Lairy, J.
On July 2, 1919, the grand jury of Lake county, Indiana, returned, into the Lake Criminal Court an indictment against appellant charging him with the crime of murder in the first degree. On the same day appellant was brought from the jail in which he was confined into cóurt, and, being arraigned and asked *702 :t0i plead .'tg-uPse indictment, entered p ¡glegdof ;!gpttissr-»v«Wetes'ifce cnurt¡#,Qcep,tedw,:£)A!the, next day.appellant was bro.ugh,tiinto,!court, and (thesiewrt' found .him,, guilty, as. found, in; the. indictment .of mur,der iffl-thci'flofst degree, and;-that-he should suffer death in- the¡man'nempresoribediby. law apd .pronounced judgment-.accordingly.- ...
On July 5, two days later, appellant by his attorney filed in the Lake Criminal, Court his motion for an order granting, him; leave to withdraw his plea ofiguilty entered’July 2-and .to, enter a plea-of not-iguilty;. and also for, an order-setting-aside.-the findings;and, judgment, :ofv,the court entered,on-such,plea.-ofiguilty,,on July,3, .lillh. This'.'motion was by the court, overruled-(«The -appellant excepted tonuph-ruling.-and on appeal bases his, assignment of 'errors thpreon.
The facts on which the decision of the trial court was based in this case are essentially the same as those Stated,in the opinion, by this court in the case of Batchelor v. State (1920), ante 69, 125 N. E. 773 .
On.the authority of the case, cited, the, judgment in this case is reversed, with instructions to the trial court, to- sustainr-app.ellanty motion for leave to withdraw his plea of guilty. The clerkvof, this couBt-,«is-.,diract6.d «to Make. and: ¡certify ■■.tfieyusjial., ¡order .„.fpry the Tet-ufhi'ofcappellant- to ,the; custody' :o£; the, sheriff; .of., Lake,, county, Indiana; -- - «Í -> - '■ .’ •' ¡¡. . , t1> , ; i;,)■) .«iitBlhiH f, '.if 3 «I , «(¡Il-xjiju ¡0
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 4 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.