Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

COM. ex rel. JACKSON v. BANMILLER

Superior Court of Pennsylvania.
Nov 11, 1959
Important Paras
Please sign up to view Important Paras.

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.