Judges: CHAPMAN, J.
Attorneys: Okell Hall and George S. Okell, for Plaintiff in Error;
Cary D. Landis, Attorney General, and Tyrus A. Norwood,
Assistant Attorney General, for the State.
Filed: Jul. 06, 1938
Latest Update: Mar. 02, 2020
Summary: On the 22nd day of June, 1937, K.C. Sinclair, plaintiff in error, with Johnnie Goseer and Bert Griffin, was informed against in the Criminal Court of Record of Dade County, Florida, charging them with breaking and entering with intent to commit grand larceny. The information was filed with the Clerk of the Criminal Court of Record on June 22, 1937. On the same day K.C. Sinclair was arraigned in open court and upon arraignment entered a plea of guilty, and on the same day the Honorable Ben C. Wil
Summary: On the 22nd day of June, 1937, K.C. Sinclair, plaintiff in error, with Johnnie Goseer and Bert Griffin, was informed against in the Criminal Court of Record of Dade County, Florida, charging them with breaking and entering with intent to commit grand larceny. The information was filed with the Clerk of the Criminal Court of Record on June 22, 1937. On the same day K.C. Sinclair was arraigned in open court and upon arraignment entered a plea of guilty, and on the same day the Honorable Ben C. Will..
More
Under the authorities cited in the majority opinion, I think a prima facie showing was made by the motion to be allowed to withdraw the plea of guilty and enter a plea of not guilty. As stated in one of our previous cases, the law favors a hearing on the merits in criminal cases, unless there be good reason shown for denying same. The trial judge may have been justified in his action in this case, from what he personally knew of the circumstances, but the record does not show it.
