Turner v. State

Citations

• 121 Miss. 68
• 83 So. 404

Syllabus

<p>1. Criminal Law. Necessity of stating defense in application to withdraw plea of guilty.</p> <p>Where, in a criminal case, a plea of guilty is entered and is afterward sought to he set aside, the applicant should at least state the substance of his defense, so that the court may judge of the merits.</p> <p>2. Criminal Law. Trial court’s statement accepted as true on appeal, as against ex parte affidavits.</p> <p>The trial judge’s statement on appeal must be accepted as true as against a mere ex parte affidavit, especially where the statements made by the judge are not directly contradicted.</p> <p>3. Criminal Law. Refusal to permit withdrawal of plea of guilty sustained.</p> <p>Where in a criminal case a defendant entered a plea of guilty and afterwards sought to withdraw such plea stating in his application to .withdraw that the plea of guilty,was made through ignorance, but did not set forth the facts alleged to constitute a defense, and the trial court stated in the record that accused had made a full statement regarding the offense charged when the plea of guilty was entered which statement of facts was no defense. In such case there was no abuse of discretion in denying the application.</p>