Beal

This is an appeal from an order refusing to permit the defendant to withdraw his plea of guilty and enter a plea of not guilty.

The defendant was accused of a violation of section 288 of the Penal Code, alleged to have been committed in a particular manner upon the person of Kathaleen MeAnanlly, a child of the age of nine years, on the eleventh day of July, 1935. The defendant was arrested on the evening of that day and confessed his guilt to the arresting officers. A was filed on July 12, 1935, and on the next day he was taken before a justice of the peace. After reading the complaint to him the justice informed him of his rights, telling him he was entitled to a speedy examination, to a reasonable delay, to counsel at all stages, to process to compel the attendance of any witnesses that he might desire, to be by witnesses against him and to cross-examine them, and to be admitted to bail. He was then warned that any statement he made might be used against him and told that an officer would take a message for him to anyone in the township free of charge, and bail was fixed. The justice then asked him when he wanted to have his preliminary examination to which he replied: “Just as…