Berndt v. State

Henderson, J., delivered the opinion of the Court. The appellant was indicted for three separate offenses of forgery, pleaded guilty to the first count in each indictment, and was sentenced to ten years in each, to run concurrently. On this appeal the chief contention is that he was not adequately arraigned. The record shows that the appellant was brought before Judge Menchine for arraignment on August 15, 1963.

The record shows that he had been served with copies of the indictments ⁵⁶⁷ that same day at the time of his arrest. The court explained the charges and inquired if he had counsel. He replied that he had no funds, but that he had “talked to Mr. Sphritz.” The court indicated that he would appoint Mr. Sphritz as his attorney as requested, and deferred arraignment. Upon petition of the State’s Attorney, Judge Menchine signed an order on August 16, 1963, transferring the accused to Spring Grove State Hospital for mental examination as to his mental competence to testify.

The case came on for hearing on November 1, 1963, before Judge Turnbull. The court was erroneously informed by Mr. Sphritz that the defendant had been previously arraigned, and desired to change his pleas from not guilty to guilty. The court then interrogated the appellant, outlined the charges against him, and inquired if he had “discussed this” with his attorney. He replied in the affirmative.

The appellant also stated that he understood the pleas, that he recognized the fact that he could be punished, and that no threats, promises or inducements had been made “in order to make this plea.” After argument of counsel on both sides in regard to sentence, the court asked the appellant if he had anything to say, and remarked: “you have been through this often enough, so don’t * * * put on an act.” The appellant replied that he was “not proud” of his