State v. Boutte

Citations

• 119 La. 134
• 43 So. 983
• 1907 La. LEXIS 445

Syllabus

<p>Criminal Law — Plea oe Not Guilty — Motion to Withdraw.</p> <p>A party, indicted for having “willfully, feloniously, and of his malice aforethought cut and stabbed another with intent to kill and murder him,” was arraigned and pleaded not guilty to the charge. When the case was called for trial the accused withdrew his plea of not guilty, and pleaded guilty to “cutting and stabbing with a dangerous weapon with intent to kill.”</p> <p>This plea was accepted by the district attorney and the court, and entered on the minutes of the court. When he was called up for sentence, he made a motion to withdraw his plea of guilty and to plead not guilty. The motion to that effect was not sworn to, nor signed by himself. It did not allege that he had a legal defense, and did not assign any sufficient legal reason for its being granted. To have granted the application and allowed the withdrawing of a plea of guilty, which had placed him in a position of safety and security relatively to the much more serious charge, called for the exercise of great caution by the court in the interest of the accused himself. Befoi-e granting such an application. the court should have had before it positive evidence from the accused party himself that he was willing to take the chances of a trial on the greater charge, and he should have himself set out the grounds upon which he based his motion, and supported the same by his signature and his oath.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. Id, Criminal Law, § 087.]</p> <p>(Syllabus by the Court.)</p>