Munsell v. State
This text of 1932 OK CR 97 (Munsell v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The plaintiff in error, hereinafter referred to as the defendant, was by information charged with the possession of intoxicating liquor, and on the 20th day of October, 1931, appeared in court and entered his plea of guilty and was sentenced to serve a term of 60 days in jail and pay a fine of $50 and costs. On the 24th day of October, 1931, the defendant filed his motion to withdraw his plea of guilty, and on the 26th day of October, 1931, the motion to withdraw the plea of guilty was overruled.
The only error complained of by the defendant is: “That said court erred in overruling the motion of plaintiff in error to withdraw his plea of guilty and enter a plea of not guilty.”
This court has uniformly held that the granting or denying the motion to withdraw a plea of guilty is within the sound discretion of the trial court, and that its action will not be disturbed unless an abuse of discretion appears from the record. Fields v. State, 50 Okla. Cr. 331, 297 Pac. 822, and cases therein cited.
An examination of the record discloses no abuse of discretion in overruling the application to withdraw the plea of guilty. The case is therefore affirmed.
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Cite This Page — Counsel Stack
1932 OK CR 97, 11 P.2d 537, 53 Okla. Crim. 312, 1932 Okla. Crim. App. LEXIS 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/munsell-v-state-oklacrimapp-1932.