44 S.E.2d 569 | Ga. Ct. App. | 1947
1. A plea of nolo contendere stands upon the same footing as a plea of guilty, empowering the judge to impose such sentence as may be authorized by the statute as to the offense charged, and constitutes jeopardy as to such offense the same as in the case of a plea of guilty; it differs from a plea of guilty only in that it cannot be used against the defendant in any other court or proceedings as an admission of guilt, or otherwise, or for any purpose, and it is not a plea of guilty for the purpose of effecting civil disqualifications. (See Ga. L. 1946, p. 142.) *765
2. The pronouncement upon the prisoner of the judgment of the law, as provided for in § 27-1404 of the Code, consists of the signing of the written sentence by the presiding judge and its delivery to the clerk for the record, and any oral announcement by the judge as to what the sentence is to be is no part of such pronouncement. See Clark v. State,
3. Before sentence is pronounced the defendant may withdraw his plea of nolo contendere as a matter of right. See Code, §§ 27-1404, 102-102(9).
2. The decision by Judge Gardner in Clark v. State,
3. In view of our discussion in divisions 1 and 2 hereof, it follows that a defendant who has entered a plea of nolo contendere may withdraw the same before sentence is pronounced as a matter of right.
The trial court erred in sustaining the demurrer to the motion in arrest of judgment and in dismissing said motion.
Judgment reversed. MacIntyre, P. J., and Gardner, J.,concur.