Higgins v. State

Court of Appeals of Georgia

Higgins v. State

90 S.E.2d 40, 92 Ga. App. 739, 1955 Ga. App. LEXIS 703

CourtCourt of Appeals of Georgia

DecidedSeptember 27, 1955

Docket35825

StatusPublished

Cited by1 cases

This text of 90 S.E.2d 40 (Higgins 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

Higgins v. State, 90 S.E.2d 40, 92 Ga. App. 739, 1955 Ga. App. LEXIS 703 (Ga. Ct. App. 1955).

Pincite

Opinion

Gardner, P. J.

There is but one question to be decided in this case. That question is, did the court abuse its discretion in denying the defendant’s motion to withdraw his plea of guilty? Before sentence is passed one accused of a crime may withdraw his plea of guilty as a matter of right. After sentence has been passed it is within the discretion of the court as to whether or not the accused will be permitted to withdraw a plea of guilty. See Clark v. State, 72 Ga. App. 603 (34 S. E. 2d 608), Rowland v. State, 72 Ga. App. 793, 800 (35 S. E. 2d 372), and Boyett v. State, 81 Ga. App. 49 (57 S. E. 2d 831).

Under all the facts of this case the court did not abuse its discretion in denying the motion of the defendant to withdraw his plea of guilty.

Judgment affirmed.

Townsend and Carlisle, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Gardner, P. J.

There is but one question to be decided in this case. That question is, did the court abuse its discretion in denying the defendant’s motion to withdraw his plea of guilty? Before sentence is passed one accused of a crime may withdraw his plea of guilty as a matter of right. After sentence has been passed it is within the discretion of the court as to whether or not the accused will be permitted to withdraw a plea of guilty. See Clark v. State, 72 Ga. App. 603 (34 S. E. 2d 608), Rowland v. State, 72 Ga. App. 793, 800 (35 S. E. 2d 372), and Boyett v. State, 81 Ga. App. 49 (57 S. E. 2d 831).

Under all the facts of this case the court did not abuse its discretion in denying the motion of the defendant to withdraw his plea of guilty.

Judgment affirmed.

Townsend and Carlisle, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

90 S.E.2d 40, 92 Ga. App. 739, 1955 Ga. App. LEXIS 703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/higgins-v-state-gactapp-1955.

Opinion

Related

Cite This Page — Counsel Stack