Polston v. State

Court of Appeals of Georgia

Polston v. State

83 S.E. 1101, 15 Ga. App. 632, 1915 Ga. App. LEXIS 12

CourtCourt of Appeals of Georgia

DecidedJanuary 20, 1915

Docket6005

StatusPublished

This text of 83 S.E. 1101 (Polston 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

Polston v. State, 83 S.E. 1101, 15 Ga. App. 632, 1915 Ga. App. LEXIS 12 (Ga. Ct. App. 1915).

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Opinion

Russell, C. J.

1. An acknowledgment of service merely takes the place of service and entry of service by the sheriff, and is evidence that the physical paper was served (Toole v. Geer, 12 Ga. App. 409, 77 S. E. 368) ; and a motion to dismiss a bill of exceptions on the ground that the copy thereof remaining in the clerk’s office shows that no service was perfected or acknowledged, and that counsel has no “recollection” of having „been served or having acknowledged service, will avail the movant nothing, when the original bill of exceptions shows an acknowledgment of service, and there is no evidence of any character tending to dispute the truth of such acknowledgment.

2. A plea of guilty may, as a matter of right, be withdrawn before sentence. Bearden v. State, 13 Ga. App. 264 (79 S. E. 79); Penal Code, § 971. See Also Griffin v. State, 12 Ga. App. 615 (77 S. E. 1080). It was therefore error for the court to refuse to allow the defendant to withdraw his plea of guilty, upon a proper motion made before judgment-was pronounced, no matter what may have been the reasons actuating the defendant in withdrawing h.is plea.

Judgment reversed.

Broyles, J., not presiding.

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Russell, C. J.

1. An acknowledgment of service merely takes the place of service and entry of service by the sheriff, and is evidence that the physical paper was served (Toole v. Geer, 12 Ga. App. 409, 77 S. E. 368) ; and a motion to dismiss a bill of exceptions on the ground that the copy thereof remaining in the clerk’s office shows that no service was perfected or acknowledged, and that counsel has no “recollection” of having „been served or having acknowledged service, will avail the movant nothing, when the original bill of exceptions shows an acknowledgment of service, and there is no evidence of any character tending to dispute the truth of such acknowledgment.

2. A plea of guilty may, as a matter of right, be withdrawn before sentence. Bearden v. State, 13 Ga. App. 264 (79 S. E. 79); Penal Code, § 971. See Also Griffin v. State, 12 Ga. App. 615 (77 S. E. 1080). It was therefore error for the court to refuse to allow the defendant to withdraw his plea of guilty, upon a proper motion made before judgment-was pronounced, no matter what may have been the reasons actuating the defendant in withdrawing h.is plea.

Judgment reversed.

Broyles, J., not presiding.

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Bluebook (online)

83 S.E. 1101, 15 Ga. App. 632, 1915 Ga. App. LEXIS 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/polston-v-state-gactapp-1915.

Opinion

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