Superior Court for Law and Equity, Mero District.
May 1809.
Upon an appeal, in a criminal case, from the judgment of a Court upon the plea of guilt, to a court in which he is entitled to a re-trial, the defendant may waive his former submission, and plead not guilty. [Cited, with approval, in Swang v. State, 2 Cold. 213, for the position that a defendant may withdraw his submission, and plead not guilty.]
When a defendant submits his case without argument on the question of guilt, the right of conclusion belongs to the defendant in the argument upon the punishment to be inflicted.
Indictment for assault and battery in the County Court; appeal to this court. The defendant in the County Court, pleaded guilty, and submitted to the Court.
Per Curiam.
The defendant may waive his former submission, and plead not guilty. This court cannot act on his submission in the court below. The defendant again pleaded guilty, and submitted his case to the Court, — the evidence was heard.
Some conversation took place at the bar respecting the right of concluding the argument.
By the Court. POWELL and OVERTON, JJ. —
When a defendant submits his case without argument, the right of conclusion belongs to the defendant’s counsel.[1]