Opinion
No. A-10272.
October 14, 1942.
(Syllabus.)
Syllabus Adopted.The syllabus in the case of Joe Quick v. State, 75 Okla. Cr. 241, 130 P.2d 101, is adopted in this case.
1. Arraignment and Pleas — Statutory Provision as to Plea of Guilty. Oklahoma Statutes 1931, section 2960, O.S.A. (Stat. 1941), title 22, § 516, provides: "A plea of guilty can in no case be put in, except by the defendant himself, in open court, unless upon an indictment or information against a corporation, in which case it can be put in by counsel."
2. Appeal and Error — Judgment of Conviction Reversed Where Defendant Was not in Court When Plea of Guilty Entered. Where a defendant and his counsel, pursuant to an agreement with the county attorney, went to the court house for the purpose of entering a plea of guilty, but the defendant did not personally accompany his counsel before the court, and was not personally present when the plea of guilty was entered, the judgment and sentence will be set aside on appeal.
3. Same — Confession of Error by Attorney General. The Attorney General confesses error in this case.
Appeal from Court of Common Pleas, Oklahoma County; Chas. W. Conner, Judge.
Joe Quick was convicted of the crime of illegal possession of intoxicating liquor, and he appeals. Reversed and remanded.
Gordon Johnston and M. J. Parmenter, both of Oklahoma City, for plaintiff in error.
Mac Q. Williamson, Atty. Gen., and Sam H. Lattimore, Asst. Atty. Gen., for defendant in error.
The facts in this case are identical with the facts in the case of Joe Quick v. State, 75 Okla. Cr. 241, 130 P.2d 101, decided this day, the 14th day of October, 1942, and for the reasons therein stated, the judgment and sentence of the court of common pleas of Oklahoma county is reversed and remanded.