Gardner v. People

Citations

• 106 Ill. 76
• 1883 Ill. LEXIS 145

Syllabus

<p>1. Cbiminaxi law—plea of guilty in capital case—of the right to withdraw the same. A young man, about nineteen years of age, who had lately come to this country from Germany, and who was entirely ignorant of the English language, was indicted for murder, and, without the appointment and advice of counsel, confessed to the court the killing, through an interpreter, who informed the court that the accused acted and talked almost like an idiot, and stated that he did not believe the accused fully comprehended his real situation and hazard, whereupon the court entered a plea of guilty, and pronounced sentence of death, and afterward refused an application of the defendant to withdraw his plea of guilty. It was held, that the court erred, under the peculiar circumstances of the case, in accepting and entering the plea of guilty, and also in refusing to allow its withdrawal.</p> <p>2. If a man of mature age, familiar with our language and institutions, and fully understanding the nature of the charge against him and the perilous situation in which' he stands, should plead guilty to an indictment for murder, upon which sentence of death is pronounced, it would be within the discretion of the court to allow the plea to be withdrawn and a plea of not guilty to be entered, and this court, under such circumstances, would not feel at liberty to interfere if the court should deny the application to withdraw such a plea.</p> <p>3. SAME'—entering plea of guilty without appointment and advice of counsel. Where a person who stands indicted for murder is not of mature age, and is wholly ignorant of our language and institutions and the perilous situation in which he stands, and is without sufficient understanding to act intelligently for himself, it is the duty of the court to appoint him counsel, and not to enter a plea of guilty without the concurrence of such counsel.</p> <p>4. Same—examination of prisoner on Toeing called on to plead. The calling on one to plead to an indictme