[Download] "State v. Benjamin Edward Wolske" by Supreme Court of Minnesota * eBook PDF Kindle ePub Free

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eBook details

• Title: State v. Benjamin Edward Wolske
• Author : Supreme Court of Minnesota
• Release Date : January 28, 1968
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Defendant appeals from a judgment of conviction of the crime of carnal knowledge of a female child, 17 years of age, 1
and from an order denying his motion to withdraw a plea of guilty and enter a plea of not guilty to the indictment charging
that offense. 2 In this appeal, defendant makes broad claims of denial of constitutional rights with respect to the trial court's refusal
to afford him an evidentiary hearing on his withdrawal motion and the lack of or inadequacy of representation by counsel at
all stages of the proceedings resulting in his conviction. Although we find these claims to be without merit and many of the
facts claimed upon which they are asserted are unsupported by the record, it developed on oral argument that a question of
first impression which we are compelled to answer on this appeal is whether a defendant is entitled to withdraw a plea of
guilty where the plea was entered in reliance upon a promise by the prosecuting attorney to seek dismissal of other pending
charges and such promise was unfulfilled, resulting in a withholding of the charge concessions contemplated by a plea agreement.

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