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Show FOUR MONTHS, THREE DAYS. Defendants May Appeal Although They Plead Guilty. Sentence of four months and three days' imprisonment in tho county Jail way imposed by Judge Lewis on Thomas Burns yeKterday morning. Burns was charged with receiving stolen goods. The prisoner appeared before Judge DIehl on October 1. He ploaded guilty and waa sentenced to si months' Imprisonment Im-prisonment The State, represented by Assistant County Attorney Dana T. Smith, protested against the hearing of the appeal. Counsel held that as the prisoner had pleaded guilty In the lower court he could uot afterwardo appeal. Ho also objected because no bond had been filed with the clerk. The motion was overruled and the trial pro-cee'ded. pro-cee'ded. Burns was found guilty by the jury, and Judge Lewis Imposed the sentence. A similar question waa raised In the case of the State vs. Baxter. Baxter wns also tried by Judge DIehl, pleaded guilty to the" same offense, and wns sentenced to six months. Cayea were, found to establish precedents on both sides. Assistant County Attorney Dana Smith, and Soren X. Chrlstensttn for the prisoner, submitted their authorities to the court. The case wa9 taken under advisement. Judge Lewis's decision will settle the question of whether a 7nan has a right to appeal from a lower court after pleading guilty In that court. Burns and .Baxter received- goods stolen by ono C. G. Raymond, alias Blackle. from D. H. Peery and Frank Hagenbarth and others. Raymond waa sentenced by Judge Lewis last month to six years In the State nrloon. |