194 Ind. 162 | Ind. | 1924
The brief for appellant states the nature of the action as follows: “This was an action by the State of Indiana against the appellant, Neal Carr, wherein the State did upon the 16th day of December, 1922, charge defendant by way of approved affidavit with the unlawful possession of liquors, white mule whisky, with the purpose and intent to barter, sell, exchange, give away, and otherwise dispose of the same, contrary,” etc.
The showing made in support of appellant's request that the plea of guilty be withdrawn, was not such as to make it an abuse of discretion to overrule his motion.
After judgment had been rendered on the plea of guilty appellant filed a motion for a new trial. Overruling this motion is assigned as error. But such a motion presents no question for review where there has been no trial. Meyers v. State (1901), 156 Ind. 388, 59 N. E. 1052; Jackson v. State (1903), 161 Ind. 36, 67 N. E. 690; Ewbank, Criminal Law §554.
Immediately before judgment was rendered, but after the motion for leave to withdraw the plea of guilty had been overruled, at a time when nothing was be-fore the court except the matter of rendering final judgment on the plea of guilty and imposing sentence, appellant filed a motion for change of venue from the judge. This motion was overruled, and appellant excepted. There was no available error in this ruling. Not being made until after the cause had been fully disposed of in all particulars except the formal rendition of judgment on the plea of guilty, the motion for a change of judge came tod late, Ickes v. Kelley
Such a change is authorized only where the party shows by his affidavit that he “cannot receive a fair trial” of some issue that remains to be heard. §2074 Burns 1914, Acts 1905 p. 584, §203. Shoemaker v. State (1920), 189 Ind. 426, 432, 127 N. E. 801.
The other questions discussed by counsel, even if decided in his favor, would not lead to a reversal of the judgment based on the plea of guilty, and need not be further considered.
The judgment is affirmed.
Travis and Willoughby, JJ., concur in result.