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- Title
WITHDRAWAL OF A PLEA OF GUILTY [FEDERAL].
- Authors
Walsh, Neil
- Abstract
The article reports that in one case the defendant was indicted, along with some fifty others, for mail fraud and conspiracy and pleaded not guilty to both indictments. The counsel for the United States, after discussion with the trial judge, sought to induce the defendant to change his pleas and testify against the others involved, promising that pleas of guilty would result in no more than a fine or suspended sentence. Relying on these statements, the defendant entered pleas of guilty and became a witness for the government. After the trial, which resulted in a disagreement of the jury as to the four principal defendants and the acquittal of the rest, the accused learned that the trial judge did not intend to follow the recommendations of government counsel, and asked leave to withdraw the pleas of guilty and substitute pleas of not guilty. The court refused to grant the leave and imposed a sentence of two years imprisonment. In the case of Ward v. United States, the Circuit Court of Appeals reversed the decision of the District Court and held that denial of a motion for withdrawal is improper if the plea of guilty was entered because of a misrepresentation.
- Subjects
UNITED States; ACTIONS &; defenses (Law); GUILTY pleas; MAIL fraud; PLEA bargaining; CRIMINAL procedure
- Publication
Journal of Criminal Law & Criminology (08852731), 1941, Vol 32, Issue 2, p199
- ISSN
0885-2731
- Publication type
Article