(Download) "State v. Mack" by Supreme Court of Montana # Book PDF Kindle ePub Free

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Title: State v. Mack
Author : Supreme Court of Montana
Release Date : January 17, 1958
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 53 KB

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CRIMINAL LAW ? INTOXICATING LIQUORS ? INFANTS ? TRIAL ? PLEA. 1. Criminal Law ? Change of plea ? Resolution of doubt. When application is made by defendant to change his plea of guilty to one of not guilty in a criminal proceeding, all doubts should be resolved in favor of a trial on the merits, but the trial court is not without discretion in ruling on the application, and the trial courts determination will be set aside only in event of an abuse of such discretion. 2. Criminal Law ? Defendants plea not improperly influenced. In proceeding on defendants motion to vacate judgment of conviction upon plea of guilty, and to substitute therefor a plea of not guilty, supporting and opposing affidavits were sufficient to establish that defendants plea was not entered in ignorance of his rights and was not unduly or improperly influenced but that he had acted of his free will. - Page 302 3. Criminal Law ? Effect of time between charge and plea. Fact that filing of charges, defendants arrest, and defendants plea of guilty all occurred within the same day was not sufficient to establish that defendants plea was not voluntarily made or to indicate a lack of understanding on part of defendant. 4. Criminal Law ? No abuse of discretion. Where defendants plea of guilty was not entered by defendant in ignorance of his rights and was not unduly and improperly influenced, and defendant acted of his own free will, refusal to permit defendant to substitute a plea of not guilty was not an abuse of trial courts discretion, even though defendant allegedly believed that he would only receive a fine, and though the filing of charges, the arrest, and the plea all occurred within the same day.