Casey v. State, (1924)
Court: Supreme Court of Florida
Number:
Visitors: 10
Judges: TERRELL, J. —
Attorneys: Herbert S. Sepler, John W. DuBose and T. Frank Wales, for Plaintiff in Error;
Cary D. Landis, Attorney General, and Roy Campbell,
Assistant, for the State.
Filed: Jul. 27, 1924
Latest Update: Mar. 02, 2020
Summary: On January 12, 1932, the plaintiff in error, Clarence D. Casey, was jointly indicted with James Milligan, Frank Moulton and Cecil James for murder in the first degree. Frank Moulton and Cecil James turned state's evidence, entered a plea of guilty, and on the recommendation of the State attorney, were sentenced to the State penitentiary for life. There was a severance as to Casey and Milligan. Milligan was tried and the jury returned a verdict of murder in the first degree without recommendation
Summary: On January 12, 1932, the plaintiff in error, Clarence D. Casey, was jointly indicted with James Milligan, Frank Moulton and Cecil James for murder in the first degree. Frank Moulton and Cecil James turned state's evidence, entered a plea of guilty, and on the recommendation of the State attorney, were sentenced to the State penitentiary for life. There was a severance as to Casey and Milligan. Milligan was tried and the jury returned a verdict of murder in the first degree without recommendation...
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I concur in the reversal to the extent of requiring sentence to be imposed pursuant to the formalities of the statutes after vacation of present sentence. But I perceive little justification for reversing the trial judge for refusal to permit defendant to withdraw his plea of guilty some eighteen months after he pleaded guilty and had been sentenced on the basis of such plea which was made several terms of court prior to his application to withdraw it. My view is that the application to withdraw the guilty plea was too long delayed to have merit, and that the court was warranted in denying it on that ground alone in view of the circumstances shown concerning it.
BUFORD, J., concurs.
Source: CourtListener
