Court of Criminal Appeals of Oklahoma, 1941

Roberts v. State

Roberts v. State
Court of Criminal Appeals of Oklahoma · Decided September 17, 1941 · PER CURIAM.
117 P.2d 174; 72 Okla. Crim. 392; 1941 OK CR 125; 1941 Okla. Crim. App. LEXIS 121 (Pacific Reporter, Second Series)

Roberts v. State

Opinion of the Court

PER CURIAM.

After receiving permission from the court, a second petition for rehearing has been filed and) this matter further presented and argued to the court.

We have again carefully reviewed the record in this case and are unable to find any evidence which is sufficient in our opinion to- show that the trial court abused *393 its discretion in refusing the request of the defendant to withdraw his plea of guilty.

It is, therefore, ordered that the judgment of the county court of Garvin county be affirmed.

After the denial of the petition for rehearing and pursuant to the rales of this court, the mandate was issued. The Clerk of the Criminal Court of Appeals is hereby directed to recall the mandate and substitute this per curiam opinion for the opinion heretofore rendered in said case. 72 Okla. Cr. 384, 115 P. 2d 270.

It is SO' ordered.

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