72 S.W.2d 472 | Ky. Ct. App. | 1934
Reversing.
James Johnson seeks by this appeal to reverse a judgment sentencing him to death for the murder of Pearline Young. The indictment was returned Monday, March 26, 1934. On the following Friday Johnson was arrested. On the next Tuesday, April 3, he was put upon trial. When he was arraigned, he pleaded "not guilty." Being unable to employ counsel, the court appointed two members of the bar to defend him. The jury was selected, and the next record is this:
"Thereupon the defendant in open court, by his attorney entered a plea of `guilty.' "
No evidence was heard or argument had. The jury was instructed to fix his punishment at death or confinement in the penitentiary for life in their discretion. They fixed it at death. On April 5 he filed a motion and grounds for a new trial, and on April 6 he moved to withdraw the plea of "guilty" and to be allowed to enter a plea of "not guilty." Both motions were overruled. That was error. By section 173 of the Criminal Code of Practice it is provided:
"The plea of guilty can only be entered by the defendant himself in open court."
He did not do so. He pleaded "not guilty," and that plea was never withdrawn either expressly or inferentially by him. At common law a defendant was required to plead in person. We find but two cases where pleas were made by the attorney for the accused and the conviction was sustained. In State v. Blake,
A plea of guilty is a confession of everything charged in the indictment, and the court should not accept such a plea except from the defendant in person. The court should know the defendant was fully advised of the gravity of the plea and is competent to make it. See Com. v. Battis,
Judgment reversed.
The whole court sitting. *778