Public-domain · open source
OpenJurist

41 Ga. App. 333

Fowler v. State

Court of Appeals of Georgia

Decided April 15, 1930

Court of Appeals of Georgia · decided 1930-04-15

Relies on Bohler v. Texas Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1930-04-15

How this case has been cited

Cited by 9 later decisions — most recently June 2000

9 state decisions

3019301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Luke, J.

¶1At the August, 1929, term of the superior court of Forsyth county, the defendant pleaded “guilty” of the commission of a felony. The court deferred pronouncing sentence in the case until the November term, 1929. At that term and before final judgment the defendant moved to withdraw his plea of “guilty” and to be allowed to enter a plea of “not guilty.” In the judgment overruling this motion the judge recites that he deferred passing sentence in the case until the November term of court at the defendant’s request; that the defendant’s motion was not presented until all the jurors had been dismissed, and that no reason appeared why the plea of guilty should be withdrawn. Held: The right given a defendant under the Penal Code (1910), § 971, to withdraw his plea of “guilty” and plead “not guilty” at any time before judgment is pronounced, is not qualified or limited, and the court erred in overruling the defendant’s motion to be allowed to withdraw his plea of “guilty" and plead “not guilty.” Nobles v. State, 17 Ga. App. 382 (86 S. E. 1073).

¶2Judgment reversed.

Broyles, G. J., and Bloodworth, J., concur.
/41/gaapp/333 · .json · Public domain