48 Mich. 41 | Mich. | 1882
Ferguson being charged with larceny from tbe person and pleading guilty was sentenced to imprisonment. lie sued out a writ of error to bring up tbe record for review and tbe return is before us. It contains tbe pro
This charge of error involves two assumptions — -first, in substance and effect that “ before pronouncing sentence ” the circuit judge neglected “ to become satisfied after such investigation as he” deemed “necessary for that purpose, respecting the nature of the case and the circumstances of ” the plea.of guilty, “that said plea was made freely, with full knowledge of the nature of the accusation and without undue influence;” second, that-the occurrence of such neglect may be gathered from the record. If either of these assumptions is untenable the charge of error falls.
Now the validity of a sentence does not require that it should appear of record in what particular manner the judge may have proceeded to satisfy himself that the prisoner acted knowingly and freely in pleading guilty. The record may imply that the sense of the statute was complied with, or it may imply the contrary, and we have had one case where the record was so equivocal that a certiorari was issued to secure a return from the judge relative to his action in reference to the statute. Edwards v. People 39 Mich. 760; Clark v. People 44 Mich. 308; Henning v. People 40 Mich. 733.
Where the question depends on the evidence afforded by the return to the writ of error the court must be governed by the implication. Edwards v. People, supra; Clark v. People, supra. But in any case where the evidence of compliance with the statute is prima facie only, the plaintiff in error may, if he move seasonably, have a certiorari in aid of his writ of error. The practice was settled in Henning’s case. If he fails to recur to that remedy he must be deemed contented with the return to the writ of error.
What does this record disclose as to whether the circuit judge did or did not become satisfied, after such investiga
The judgment should be affirmed.