Case v. State

Hammond, J., delivered the opinion of the Court. The appellant Case pleaded guilty to the possession of narcotics and to a prior conviction of possession. He claims in this Court that his plea was not freely and voluntarily given and that it was made without full understanding of its nature and effect. He says further that the impaneling of a jury to try him had been begun on September 21, 1961, several weeks before he pleaded guilty on October 9, and that the entire jury panel was thereafter dismissed improperly without the presence of appellant or his counsel; that he was denied a speedy trial (because of postponement of the trial from September 21 to October 9); and that these irregularities mounted up to deprivation of due process of law.

At the argument appellant made the explicit concession, as we think he had to do, that if the plea of guilty was valid and properly received, the earlier alleged irregularities complained of were waived and the appeal must fail. The record shows that appellant was arraigned on September 7, 1961, and in person pleaded not guilty. On September 21, the case was called for trial and the plea of not guilty was reentered by counsel who had been retained by Case, who then filed a motion to suppress evidence. The court, with the ac ⁵⁵³ quiescence of counsel for the State and for the accused, determined to hear the motion as the case was presented to the jury.

Three jury panels were then summoned and, it was stipulated, were thereafter all dismissed in the absence of appellant’s lawyer without a jury having been selected, because the State decided to try a codefendant before it tried the appellant. On October 9, 1961, the case again came up for trial and appellant’s counsel reiterated that the plea was not guilty and that a jury trial was prayed. The court then said: “Mr. Case,, is that your plea?” The appellant replied that he wished to-change his plea to guilty but had not had a chance to talk to his lawyer since he decided to do so. At the court’s suggestion, lawyer and client talked the matter over in the jury box and then the lawyer said: “The defendant wishes to change his plea; but I feel that under those circumstances I would have to request the Court’s permission to withdraw from this case.” He said his reason for wanting to withdraw was that he felt the State could not make out a case beyond a reasonable doubt and that he thought the accused should “put up a defense and make the State prove the corpus delicti * * The court then said: “[Y]ou know and Mr. Case knows if he wants to enter a plea of not guilty and wants a jury trial he is entitled to it; but, if he says he doesn’t want to plead not guilty, that he wants to plead guilty, he has a right to do-it and you as counsel, I think, have to accept or do what he tells you to do”; to which counsel replied: “I do accept his choice, your