Commonwealth v. Mahoney

115 Mass. 151, 1874 Mass. LEXIS 176

• Court: Massachusetts Supreme Judicial Court
• Decided: June 22, 1874
• Status: Published

Opinion

Gray, C. J.

A defendant in a criminal cáse, who has once pleaded to the charge against him, has no right to withdraw his plea, but is confined to the issues of law or fact thereby raised or left open, unless the court in which the case is pending sees fit ta exercise the discretion of allowing him to withdraw it and plead anew. If he appeals from a judgment against him in the court in which his plea is first made, the appeal indeed vacates the judgment, but it does not multiply his grounds of defence or enlarge the issue once joined between the Commonwealth and himself. The same defences are open to him in the appellate court as in the court below, and no other. Commonwealth v. Blake, 12 Allen, 188. If he pleads guilty upon his first arraignment, and his plea is received by the court and recorded, it is an admission of all facts well charged in the indictment or complaint, and a waiver of his right of trial by jury thereon, and, unless withdrawn by special leave of court, or a motion is interposed in arrest of judgment for legal defects apparent on the record, leaves nothing to be done but to pass sentence. Gen. Sts. c. 158, § 5. Commonwealth v. Winton, 108 Mass. 485.

Exceptions overruled.