People v. Beal

BARNARD, P. J.

This is an appeal from an order refusing to permit the defendant to withdraw his plea of guilty and enter a plea of not guilty.

The defendant was accused of a violation of section 288 of the Penal Code, alleged to have been committed in a particular manner upon the person of Kathaleen MeAnanlly, a child of the age of nine years, on the eleventh day of July, 1935. The defendant was arrested on the evening of that day and confessed his guilt to the arresting officers. A was filed on July 12, 1935, and on the next day he was taken before a justice of the peace. After reading the complaint to him the justice informed him of his rights, telling him he was entitled to a speedy examination, to a reasonable delay, to counsel at all stages, to process to compel the attendance of any witnesses that he might desire, to be by witnesses against him and to cross-examine them, and to be admitted to bail. He was then warned that any

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statement he made might be used against him and told that an officer would take a message for him to anyone in the township free of charge, and bail was fixed. The justice then asked him when he wanted to have his preliminary examination to which he replied: “Just as quick as I can get them.” He was then asked if he desired to be sworn and testify at that time and he said that he did. After being sworn he stated that he had taken the little girl with him on a hunting expedition on the 11th and then told what had occurred, giving facts which abundantly proved a violation of the code section in question.

Later on that day the defendant was taken into the superior court, where he was duly arraigned and informed of his rights. He stated that he desired an attorney and the court appointed one to represent him. Immediately thereafter the defendant stated to the court that if the charge against him was not for rape, he desired to enter a plea of guilty to the charge without further delay and without the appointment of an attorney. The judge then said to him: ‘ ‘ Even though you are not charged with rape you are still charged with a felony and if you enter a plea of guilty it will be necessary for this court to send you to the state's prison at San Quentin.” The defendant then stated that he desired to proceed and thereupon entered a plea of guilty to the crime as charged. The court then proceeded to examine the defendant and to pronounce sentence. In the course of the examination the defendant admitted having performed the acts constituting the basis of the charge.