Fowler v. State

Court of Appeals of Georgia

Fowler v. State

153 S.E. 90, 41 Ga. App. 333, 1930 Ga. App. LEXIS 576

CourtCourt of Appeals of Georgia

DecidedApril 15, 1930

Docket20338

StatusPublished

Cited by3 cases

This text of 153 S.E. 90 (Fowler v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fowler v. State, 153 S.E. 90, 41 Ga. App. 333, 1930 Ga. App. LEXIS 576 (Ga. Ct. App. 1930).

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Opinion

Luke, J.

At the August, 1929, term of the superior court of Forsyth county, the defendant pleaded “guilty” of the commission of a felony. The court deferred pronouncing sentence in the case until the November term, 1929. At that term and before final judgment the defendant moved to withdraw his plea of “guilty” and to be allowed to enter a plea of “not guilty.” In the judgment overruling this motion the judge recites that he deferred passing sentence in the case until the November term of court at the defendant’s request; that the defendant’s motion was not presented until all the jurors had been dismissed, and that no reason appeared why the plea of guilty should be withdrawn. Held: The right given a defendant under the Penal Code (1910), § 971, to withdraw his plea of “guilty” and plead “not guilty” at any time before judgment is pronounced, is not qualified or limited, and the court erred in overruling the defendant’s motion to be allowed to withdraw his plea of “guilty" and plead “not guilty.” Nobles v. State, 17 Ga. App. 382 (86 S. E. 1073).

Judgment reversed.

Broyles, G. J., and Bloodworth, J., concur.

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Luke, J.

At the August, 1929, term of the superior court of Forsyth county, the defendant pleaded “guilty” of the commission of a felony. The court deferred pronouncing sentence in the case until the November term, 1929. At that term and before final judgment the defendant moved to withdraw his plea of “guilty” and to be allowed to enter a plea of “not guilty.” In the judgment overruling this motion the judge recites that he deferred passing sentence in the case until the November term of court at the defendant’s request; that the defendant’s motion was not presented until all the jurors had been dismissed, and that no reason appeared why the plea of guilty should be withdrawn. Held: The right given a defendant under the Penal Code (1910), § 971, to withdraw his plea of “guilty” and plead “not guilty” at any time before judgment is pronounced, is not qualified or limited, and the court erred in overruling the defendant’s motion to be allowed to withdraw his plea of “guilty" and plead “not guilty.” Nobles v. State, 17 Ga. App. 382 (86 S. E. 1073).

Judgment reversed.

Broyles, G. J., and Bloodworth, J., concur.

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Bluebook (online)

153 S.E. 90, 41 Ga. App. 333, 1930 Ga. App. LEXIS 576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fowler-v-state-gactapp-1930.

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