146 Minn. 187 | Minn. | 1920
In August, 1918, defendant was indicted together with Charles Coup-lin and Philip Morgan of the crime of larceny in the first degree, committed on the last day of June previous. He pleaded not guilty. A few days before the date fixed for trial, and on September 22, 1919, he withdrew his former plea and pleaded guilty to larceny in the second degree, the county attorney consenting. He was not sentenced until October 23, 1919. In the meantime Couplin and Morgan had been tried and convicted of larceny in the first degree, this defendant having been called as the chief witness for the state. Execution of sentence had been stayed until November 8, 1919. On November 5 defendant moved the court to vacate the judgment and sentence and for permission to change Ms plea to not guilty and stand trial. The motion was denied and defendant appeals.
Defendant cannot well complain because at his request he was permitted to plead guilty to a crime of a lesser degree than specified in the indictment. The testimony given in the Couplin and Morgan trials did not necessarily prove that this defendant did not aid or abet in the larceny. The court was no more required to accept defendant’s story of his. connection with the property than were the jury. A larceny had unquestionably been comimitted. The persons indicted, therefore, could plead guilty of any degree of larceny that the court was willing
The order and judgment are affirmed.