Commonwealth v. Shrope

Citations

• 264 Pa. 246
• 107 A. 729
• 6 A.L.R. 690
• 1919 Pa. LEXIS 630

Syllabus

<p>Criminal law — Murder—Pleading — Non vult contendere withdrawing plea — Appeal—Act of March SI, 1860.</p> <p>1. The plea of non vult contendere is never allowable in capital eases.</p> <p>2. Where on the trial of an indictment for murder, the defendant pleads non vult contendere, and the court accepts the plea as the equivalent of a plea of guilty, and after examination of witnesses to fix the degree of guilt, adjudges the degree of the guilt as “murder in the first degree” and passes sentence thereon, such conviction will he set aside on appeal, and the case will he remanded with direction that the defendant have leave to withdraw his plea of non vult contendere, and plead anew to the indictment, as though such plea had never been entered.</p>