People v. Duffield

T. Gr. Kavanagh, J.

(dissenting in part). I agree with my Brother Williams that the circuit court for Cass County had jurisdiction to try the defendant for the crime of manslaughter for the reasons he so well sets forth.

I do not agree however that the proffered plea of guilty should have been accepted.

In my view, when a person cannot recall his actions constituting the commission of the offense with which he is charged, he cannot plead guilty, for there is no basis for the judgment of his own guilt.

There should be no question of a guilty plea. The tenor of the statute is that doubts should be resolved against taking the plea.

When the defendant here told the court he was so drunk he did not remember what he did, the court should have rejected the plea even though defendant’s intoxication would he no defense at a trial.

I would remand for trial.