State v. Cimini

Citations

• 53 Wash. 268
• 101 P. 891
• 1909 Wash. LEXIS 1310

Syllabus

<p>Criminal Law — Trial—Arrest of Judgment. A motion in arrest of judgment can only be based on the grounds specified in Bal. Code, § 6967.</p> <p>Criminal Law — Plea of Guhty — Withdrawal—Discretion. Under Bal. Code, § 6902, providing that the court may permit a plea of guilty to be withdrawn, the court should liberally exercise its discretion in favor of life and liberty, but a refusal can only be reviewed for abuse of discretion, and it is not an abuse of discretion to refuse leave to withdraw a plea, asked on the ground that immunity had been promised accused by a detective, where that fact is controverted and it appears that the accused was informed of his rights, knew the effect of his plea, and the prosecuting witness had disappeared and his whereabouts were unknown.</p> <p>Criminal Law — Judgment—Recitals—Appeal. Recitals in an order refusing to withdraw a plea of guilty import absolute verity on appeal as to matters that transpired before the judge.</p> <p>Criminal Law — Trial—Interpreters. It is not error, on receiving a plea of guilty, to appoint a city police detective as an interpreter; especially where the accused speaks broken English, and it appears from his conversation with the judge that he knew what the charge was and the effect of his plea.</p> <p>Criminal Law — Appeal—Haemless Error. Upon an application, to withdraw a plea of guilty, it is not prejudicial error to receive affidavits as to the guilt of the accused, as they are immaterial.</p> <p>Criminal Law — Appeal—Review—-Matters Not Before Lower Court. Upon appeal from an order refusing leave to withdraw a plea of guilty, entered in the court below when the prosecuting witness had disappeared, the supreme court cannot consider affidavits showing that the prosecuting witness had returned.</p>