Tom C. Clark

“ In actual practice, then, nothing more is left to be done by the court after accepting a nolo contendere plea than is necessary after accepting a guilty plea or after a jury returns a verdict of guilty. In each of the three situations, guilt has been determined upon the acceptance by the court of the respective pleas or of the verdict of the jury. In each case, motions to withdraw the pleas or to set aside the verdict may be made, and might be granted, but their availability does not alter the fact that, until any such motion is granted, there has been a determination of guilt. ”

“ Since the motions in arrest came wih in five days thereafter, the Court says they were timely under Rule 34, as were the appeals that followed, under Rule 37 (a) (2) . [3]
Rule II (2) of the Criminal Appeals Rules, 292 U.S. 661, 662, 54 S.Ct. XXXVII, the predecessor of present Rule 34, stated that 'motions in arrest of judgment * * * shall be made within three (3) days after verdict or finding of guilt.' Certainly 'verdict' referred to a jury verdict of guilt. A plea of guilty has always been considered the equivalent of a jury finding of guilty. ”

“ Neither counsel nor the parties made any comment on this characterization of their pleas. Thereafter, petitioners and their counsel made statements in mitigation, after which sentence was pronounced. At no time were any motions made for permission to withdraw the pleas. ”