(Syllabus.)

Appeal and Error-Arraignment and Pleas-Discretion of Trial Court as to Permitting Withdrawal of Plea of Guilty. An application by a defendant to withdraw a plea of guilty is a matter addressed to the trial court's sound discretion, and the trial court's action thereon will not be disturbed unless the record clearly shows that the discretion has been abused.

Appeal from County Court, Garvin County; R. B. Garvin, Judge.

Herschel Roberts was convicted of the unlawful possession of intoxicating liquor, and he appeals. On rehearing. Affirmed.

Superseding opinion in 72 Okla. Cr. 384, 115 P.2d 270.

Marion Henderson, of Pauls Valley, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., and Jess L. Pullen, Asst. Atty. Gen., for defendant in error.

PER CURIAM. After receiving permission from the court, a second petition for rehearing has been filed and this matter further presented and argued to the court.

We have again carefully reviewed the record in this case and are unable to find any evidence which is sufficient in our opinion to show that the trial court abused

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its discretion in refusing the request of the defendant to withdraw his plea of guilty.

It is, therefore, ordered that the judgment of the county court of Garvin county be affirmed.

After the denial of the petition for rehearing and pursuant to the rules of this court, the mandate was issued. The Clerk of the Criminal Court of Appeals is hereby directed to recall the mandate and substitute this per curiam opinion for the opinion heretofore rendered in said case. 72 Okla. Cr. 384, 115 P.2d 270.

It is so ordered.