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COMMONWEALTH v. PENROSE

363 Mass. 677 (1973)

296 N.E.2d 819

COMMONWEALTH vs. RONALD E. PENROSE.

Supreme Judicial Court of Massachusetts, Middlesex.

June 1, 1973.

Attorney(s) appearing for the Case

Francis John Stolaz for the defendant.

John J. Droney, District Attorney, Terence M. Troyer, & Barbara A.H. Smith, Assistant District Attorneys, for the Commonwealth.

Present: TAURO, C.J., REARDON, BRAUCHER, HENNESSEY, & WILKINS, JJ.

BRAUCHER, J.

By this appeal under G.L.c. 278, §§ 33A-33G, the defendant asks us to rule that the validity of his guilty pleas may be challenged by a motion for a new trial under G.L.c. 278, § 29, as amended through St. 1966, c. 301. The trial judge took a contrary view and denied such a motion. The defendant asserts, and we agree, that the remedy by motion is suitable for the purpose, and that such use of...

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