
    Batchelor v. State of Indiana.
    [No. 23,631.
    Filed January 30, 1920.]
    From Lake Criminal Court ■,Martin J. Smith, Judge.
    Prosecution by the State of Indiana against Thomas M. Batchelor.- From a judgment of conviction, the defendant appeals.
    
      Reversed.
    
    
      George Hershman, for appellant.
    
      Ele Stanshury, Attorney-General, and A. B. Oronk, for the state.
   Lairy, J.

On July 2, 1919, the grand jury of Lake county, Indiana, returned, into the Lake Criminal Court an indictment against appellant charging him with the crime of murder in the first degree. On the same day appellant was brought from the jail in which he was confined into cóurt, and, being arraigned and asked :t0i plead .'tg-uPse indictment, entered p ¡glegdof ;!gpttissr-»v«Wetes'ifce cnurt¡#,Qcep,tedw,:£)A!the, next day.appellant was bro.ugh,tiinto,!court, and (thesiewrt' found .him,, guilty, as. found, in; the. indictment .of mur,der iffl-thci'flofst degree, and;-that-he should suffer death in- the¡man'nempresoribediby. law apd .pronounced judgment-.accordingly.- ...

On July 5, two days later, appellant by his attorney filed in the Lake Criminal, Court his motion for an order granting, him; leave to withdraw his plea ofiguilty entered’July 2-and .to, enter a plea-of not-iguilty;. and also for, an order-setting-aside.-the findings;and, judgment, :ofv,the court entered,on-such,plea.-ofiguilty,,on July,3, .lillh. This'.'motion was by the court, overruled-(«The -appellant excepted tonuph-ruling.-and on appeal bases his, assignment of 'errors thpreon.

The facts on which the decision of the trial court was based in this case are essentially the same as those Stated,in the opinion, by this court in the case of Batchelor v. State (1920), ante 69, 125 N. E. 773.

On.the authority of the case, cited, the, judgment in this case is reversed, with instructions to the trial court, to- sustainr-app.ellanty motion for leave to withdraw his plea of guilty. The clerkvof, this couBt-,«is-.,diract6.d «to Make. and: ¡certify ■■.tfieyusjial., ¡order .„.fpry the Tet-ufhi'ofcappellant- to ,the; custody' :o£; the, sheriff; .of., Lake,, county, Indiana; -- - «Í -> - '■ .’ •' ¡¡. . , t1> , ; i;,)■) .«iitBlhiH f, '.if 3 «I , «(¡Il-xjiju ¡0  