People v. Murphy

The appellant and one Hatler were jointly charged with an attempt to commit robbery on H. C. Cann. Upon his arraignment in the superior court the appellant pleaded guilty and asked for probation, but before his motion for probation was passed upon he moved the court for permission to withdraw his plea, the motion being based upon the ground that the plea of guilty had been made through inadvertence, ignorance, and without due deliberation. In his affidavit filed in support of the motion the appellant claims that he was not aware of the fact that he was charged with an attempt to rob Cann, and that he had not had any intention of robbing Cann. This motion was denied, as was also the motion for probation, and the court rendered judgment, from which an appeal has been taken.

In support of his appeal appellant presents but one ground—that the court erred in not permitting the withdrawal of his plea, and properly maintains that the order denying his motion may be reviewed on the appeal from the judgment (People v. Dabner, 153 Cal. 398 [ 95 Pac. 880 ]).

On the hearing of the motion in the superior court, all the testimony produced at the preliminary examination of the two eodefendants…