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Commonwealth ex rel. Jackson, Appellant, v. Banmiller.

Criminal Law — Practice — Plea of guilty — Withdrawal — Discretion of court — Sentence — Power to sentence after expiration of term.

1. An application to withdraw a plea of guilty and to enter a substitute plea of not guilty is addressed to the discretion of the court before which the plea is entered.

2. A court of competent jurisdiction does not lose its power to sentence a convicted defendant after the expiration of the term at which the conviction was had.

Submitted September 21, 1959.

OPINION PER CURIAM, November 11, 1959:

The order of the court below is affirmed on the opinion of Judge WATERS of the Court of Common Pleas No. 3 of Philadelphia County, as reported in 19 Pa. D. C. 2d 56.

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COM. ex rel. JACKSON v. BANMILLER
(Nov 11, 1959)