189 Ind. 85 | Ind. | 1920
On July 2, 1919, tbe grand jury of Lake county, Indiana,- returned into tbe Lake Criminal Court an'indictment against appellant charging bim with tbe crime of murder in tbe first degree. On tbe same day appellant was brought from the jail in which be was confined into court, and, being arraigned and asked to plead to tbe indictment,- entered a plea of guilty, which the court accepted. On tbe next day appellant was brought into court, and'the court-found .him guilty as found in tbe indictment of murder in tbe first degree, and that be should suffer death in the manner prescribed by law, and pronounced judgment accordingly.
In other respects the proceedings in the arraignment and plea of appellant did not differ in any essential fact from those shown by the opinion in the case of Batchelor v. State, supra.
On the authority of the case of Batchelor v. State, supra, the judgment is reversed, with instructions to the trial court to sustain appellant’s motion for leave to withdraw his plea of guilty. The clerk of this court is directed to make and certify the usual order for the return of appellant to the custody of the sheriff of Lake county, Indiana.