{
  "id": 3149108,
  "name": "The People of the State of Illinois, Defendant in Error, v. Henry Barnard and Annie Barnes Smith, Plaintiffs in Error",
  "name_abbreviation": "People v. Barnard",
  "decision_date": "1938-06-06",
  "docket_number": "",
  "first_page": "156",
  "last_page": "161",
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    {
      "type": "official",
      "cite": "296 Ill. App. 156"
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    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
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    {
      "cite": "343 Ill. 480",
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    {
      "cite": "359 Ill. 354",
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    {
      "cite": "311 Ill. 179",
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      "reporter": "Ill.",
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    {
      "cite": "319 Ill. 255",
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    {
      "cite": "349 Ill. 230",
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  "last_updated": "2023-07-14T20:49:50.507998+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Defendant in Error, v. Henry Barnard and Annie Barnes Smith, Plaintiffs in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Murphy\ndelivered the opinion of the court.\nAugust 31, 1937, the State\u2019s attorney of Gfallatin county filed an information in the county court of that county charging Henry Barnard and Annie Barnes Smith, defendants herein, with adultery. They were arrested the same day and entered into a recognizance for their appearance on the first Monday in September. Later the case was set for trial September 22, but September 21, the defendants appeared before the court with their attorney, signed jury waivers and entered pleas of guilty.\nThe judgment order which was entered on that date, shows that the court instructed each of the defendants as to their rights and admonished them as to the probable consequences of their pleas. The defendants persisted in their pleas of guilty and the court sentenced Barnard to the Illinois State Farm for 90 days and Annie Barnes Smith to the county jail of Gallatin county for a like period.\nThe same day that the order of imprisonment was entered an order was \u00e9ntered staying the issuance of a mittimus until September 24, and on the latter date it was extended to September 27.\nOn September 27, defendants filed a motion to expunge from the record the judgment order entered September 21 sentencing the defendants to prison. The motion also prayed that they be granted leave to withdraw their pleas of guilty and jury waivers. The motion was overruled and defendants sued out this writ of error.\nAs grounds for the motion the defendants alleged that they were induced to enter their pleas of guilty by reason of certain representations of the State\u2019s attorney as to the penalty they would receive; that sentence was not pronounced by the judge in open court in presence of the defendants and that they have a defense to the charge. Affidavits of defendant Barnard and his attorney, C. K. Boedel, were filed in support of the motion.\nThe facts alleged in Barnard\u2019s affidavit as to the representation of the State\u2019s attorney are that the State\u2019s attorney told him that if he and his codefendant wished to enter pleas of guilty he would recommend to the court that each of them be fined $100 and costs; that the State\u2019s attorney said that he had conferred with Judge Ford with reference to his recommendation, that while the judge did not indicate to the contrary he did tell him (State\u2019s attorney) he could make the recommendation and that the State\u2019s attorney said that the judge invariably followed his recommendation on pleas of guilty. It is also stated in Barnard\u2019s affidavit that the State\u2019s attorney made the recommendation to the court, that the court advised the defendants as to their rights. and said that he thought it was a case where there should be imprisonment at the State Farm. The record discloses that at the time the pleas of guilty were entered and recommendation of the State\u2019s attorney was made, Mr. Roedel, their attorney, was present and representing them.\nFrom the record it appears that the defendants entered their pleas of guilty with a full understanding of the law and the probable consequences that might follow such pleas. The State\u2019s attorney made the recommendation to the court as he represented he would and the defendants were not mislead by any representation of the State\u2019s attorney. From Barnard\u2019s affidavit it appears that he knew that the recommendation of the State\u2019s attorney was not binding on the court and could be accepted or rejected as the court under the facts might deem just. It is apparent that defendants \u2019 complaint is grounded upon the fact that the court declined to follow the recommendation of the State\u2019s attorney.\nThe defendants having been fully advised as to their rights and the consequences of their pleas, the mere fact that they were disappointed in the court\u2019s action in declining to follow the recommendation of the State .\u2019s attorney furnished no grounds for permitting withdrawal of their pleas of guilty, nor does the mere fact that they hoped or believed that pleas of guilty would result in a milder punishment than they would receive upon a trial and conviction by a jury presents grounds for permitting the withdrawal of such pleas. People v. Wheeler, 349 Ill. 230; People v. Ensor, 319 Ill. 255; People v. Kleist, 311 Ill. 179.\nIn support of defendants\u2019 contention that the court erred in not permitting them to withdraw their pleas of guilty it is urged that Barnard was influenced by statements made by the judge at the time of the sentence and after, and that these statements influenced Barnard in the making of a settlement with his wife in a separate maintainance suit which he would not have made had he known that he was going to be committed to the State Farm. Defendants contend that the court\u2019s action in staying the mittimus on September 21, to the 24th and again to September 27, was in furtherance of the court\u2019s statement that if defendants would procure the recommendation of certain persons he would admit them to \u201cparole or probation.\u201d The recommendations of the persons suggested by the court was procured by the defendants but the record shows that the sentence of imprisonment had already been imposed. The defendants could not have been influenced in the entering of their pleas of guilty by anything that the court said subsequent to the entering of the order of imprisonment. The settlement of the civil suit of Mrs. Barnard had no effect on the entering of the pleas of guilty for the inference to be gathered from Barnard\u2019s affidavit is that he withheld the consummation of the settlement until he was convinced in his own mind that the court would follow the recommendation of the State\u2019s attorney. His error of judgment as to the attitude of the court toward the State\u2019s attorney\u2019s recommendation furnishes no grounds for the withdrawal of the pleas of guilty.\n\u2022 The general rule is that it is within the sound discretion of the court whether the plea of the defendant may be withdrawn where with a full understanding of the nature of the charge against him he has pleaded guilty. Four exceptions to this rule have been recognized, \u201c (1) \u2019Where it appears that a plea of 'guilty was entered through a misapprehension of the facts or the law; (2) where it appears that there is doubt of the defendant\u2019s guilt; (3) where it appears that the defendant has a defense worthy of consideration by a jury; and (4) where it appears that the ends of justice will lie best served by submitting the case to a jury.\u201d People v. Throop, 359 Ill. 354.\nNowhere in defendant Barnard\u2019s affidavit does he say that he is not guilty of the offense charged nor does he set up facts from which it would appear that he had a defense worthy of consideration by a jury. The facts presented in the affidavits do not bring the defendant\u2019s case within any of the exceptions to the general rules.\nDefendant\u2019s further contention is that they were deprived of their constitutional rights to be present in the court during every step of the proceedings. It is alleged in the affidavit that the court did not pronounce sentence in their presence on September 21 and that they did not know of the entering of the judgment until September 24.\nAs above noted the judgment order shows that the defendants were both present on September 21 and represented by their attorney and the record shows the judgment to have been entered on that date. Such record imports verity and cannot be impeached by testimony or affidavit. People v. Ambolo, 343 Ill. 480; Harris v. People, 130 Ill. 457.\nThe judgment of the trial court is affirmed.\nJudgment affirmed.",
        "type": "majority",
        "author": "Mr. Justice Murphy"
      }
    ],
    "attorneys": [
      "Harry J. Flanders, of Eldorado, and O. K. Roedel, of Shawneetown, for plaintiffs in error.",
      "James W. Harder, State\u2019s Attorney, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Defendant in Error, v. Henry Barnard and Annie Barnes Smith, Plaintiffs in Error.\nOpinion filed June 6, 1938.\nRehearing denied July 7, 1938.\nHarry J. Flanders, of Eldorado, and O. K. Roedel, of Shawneetown, for plaintiffs in error.\nJames W. Harder, State\u2019s Attorney, for defendant in error."
  },
  "file_name": "0156-01",
  "first_page_order": 206,
  "last_page_order": 211
}