Shoemaker v. State
Shoemaker v. State
Opinion of the Court
Appellant was charged by an indictment returned in the Delaware Circuit Court with unlawfully keeping and running a place where intoxicating liquors were sold and with being found in the unlawful possession of intoxicating liquors, kept for the purpose of being sold in violation of law. On April 30, 1917, appellant appeared in court and pleaded guilty to the charge contained in the indictment; and on May 11, 1917, the court found her guilty as charged, and fixed her punishment at a fine of $500 and impris
On May 19, 1917, appellant filed a motion for an order setting aside the finding and judgment, and for leave to withdraw her plea of guilty and to enter a plea of “not guilty.” .This motion was overruled, to which ruling of the court appellant excepted. The assignments of error challenge the correctness of this ruling of the court.
Appellant’s motion, which is verified, shows that on April 30,1917, she came from her home in Danville, Illinois, to the city of Muncie, Indiana, where she learned of the indictment pending against her, and where she employed Mr. Patterson, an attorney, to represent her. She states in her affidavit, in substance, that, on consulting with her attorney, she was advised to plead guilty to the indictment, and was assured by him that, in case she did so,-she would not be punished beyond a few days in prison, not exceeding thirty days. She states that she was not familiar with judicial proceedings, and that she did not understand the nature or the consequences of a plea of guilty, and that she relied implicitly on the advice given by her attorney. She further states that her attorney said that he was on confidential terms with the prosecuting attorney and that he advised her to consult the prosecuting attorney as to what course she had best pursue.
Her affidavit further states that, in obedience to the advice of her attorney, she consulted with the prosecuting attorney, and was informed by him that she would fare much better if she would plead guilty than she would in case she made a defense; and that,
The affidavit further states that her attorney was not present in court when she entered her plea of guilty, "and that she would not have entered that plea if she had known her legal rights and had been informed as to the consequences of such a plea. Affiant says that she was induced to enter her plea solely by reason of the representations and statements of her attorney and of the prosecuting attorney, and that, if she is permitted to withdraw the plea entered and to plead not guilty she will be able to prove that she is not guilty of the offense charged.
In opposition to the motion, the affidavits of Mr. Patterson, appellant’s attorney, and Mr. Murphy, the prosecuting attorney, were filed. The affidavit of Mrs. Murphy, who was present at the conversation between appellant and her husband, the prosecuting attorney, was also filed. Prom these affidavits it appears that appellant came to Muncie and consulted with an attorney as stated in her affidavit. In the course of the conversation, her attorney told her that a guilty person would likely receive more leniency on a plea of guilty than such a person would likely receive after a
From the affidavits of the prosecuting attorney, it appears that appellant came to his office on April 24, and had a conversation with him in which she inquired what he intended to do with her. She was informed that he, intended to turn her over to the sheriff, and that the punishment would depend on whether she was innocent or guilty. She was also informed by the prosecuting attorney that, if she was found guilty, her punishment would be fixed by the court or jury trying the case. The prosecuting attorney deifies that he advised her to plead guilty or that he told her that her punishment would be lighter in case she did so. He states that he had no conversation with her on the subject. After this conversation the prosecuting attorney went to the courthouse accompanied by appellant for the purpose of turning her over to the sheriff of the county. On reaching the courthouse appellant expressed a desire to speak to the judge of the court; but, on finding that the judge was engaged, she re
The affidavit of Mrs. Murphy corroborates that of
After the motion was filed and before it was heard, appellant filed an application for a change of judge. There is an attempt on this appeal to present several questions arising on rulings of the court with reference to this application.
Judgment affirmed.
Reference
- Full Case Name
- Shoemaker v. State of Indiana
- Cited By
- 1 case
- Status
- Published