Opinion
September 21, 1959.
November 11, 1959.
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.
Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.
Appeal, No. 405, Oct. T., 1959, from order of Court of Common Pleas No. 1 of Philadelphia County, March T., 1959, No. 1421, in case of Commonwealth of Pennsylvania ex rel. John Jackson v. William J. Banmiller, Warden. Order affirmed.
Same case in court below: 19 Pa. D. C. 2d 56.
Habeas corpus.
Order entered discharging rule, opinion by WATERS, J. Relator appealed.
John Jackson, appellant, in propria persona.
Juanita Kidd Stout, Assistant District Attorney, Paul M. Chalfin, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.
Submitted September 21, 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.