United States v. Marshall Brent Williams, Jr.

348 F.2d 451, 1965 U.S. App. LEXIS 5179

Opinion

PER CURIAM:

As we perceive no error in the trial or conviction of Marshall Brent Williams, Jr., we affirm the judgment from which he has appealed.

The appellant seems to have believed that a defendant is not subject to another trial or a subsequent sentence if he succeeds in a request to withdraw a plea of guilty or on a motion to set aside a sentence. When the sentence alone (not the conviction) is defective, it will be corrected by another sentence. If there is a serious error of law or fact at trial, a new trial may be granted and a second sentence imposed if again the verdict finds guilt. Only if the record discloses the evidence legally insufficient to convict will the accused be entirely exonerated on appeal.

Affirmed.