State v. Scott

Citations

• 101 Wash. 199
• 172 P. 234
• 1918 Wash. LEXIS 820

Syllabus

<p>Criminal Law — Appeal — Abatement by Death. A motion to abate a case, on the ground that the accused, out on bail, had disappeared under circumstances tending to show that he had committed suicide, will be overruled where the facts are so recent that it cannot be assumed, short of positive proof, that appellant is dead.</p> <p>Same—Withdrawal op Plea—Vacation op Judgment. An application to withdraw a plea of guilty is addressed to the sound discretion of the court; but, in view of Rem. Code, §§2111, 2181, requiring such motion and motions in .arrest to be made before judgment, it can only be entertained after judgment as an application to vacate the judgment; and if for irregularity or fraud, the judgment is entitled to every reasonable intendment in its support, and will be set aside only upon a clear showing and adjudication of a prima facie defense on the merits.</p> <p>Same—Judgment—Motion to Vacate—Evidence—Recitals. The recitals in a judgment that the accused was fully advised of his rights, desired no counsel, voluntarily entered a plea of guilty, which was not improperly induced, and that he was sane and mentally responsible, import absolute verity as to the matters transpiring before the court, and cannot be contradicted by the affidavit of the clerk and, when supported by the evidence, warrant the refusal of a motion to vacate for irregularity and fraud.</p>