COMMONWEALTH v. LEATE


367 Mass. 689 (1975)

327 N.E.2d 866

COMMONWEALTH vs. EDWARD F. LEATE & another.

Supreme Judicial Court of Massachusetts, Plymouth.

May 7, 1975.


Attorney(s) appearing for the Case

Paul J. Burns for the defendant Pina.

Vincent A. Harrington for the defendant Leate.

Helen Murphy Doona, Assistant District Attorney, for the Commonwealth.

Present. TAURO, C.J., QUIRICO, BRAUCHER, HENNESSEY, & KAPLAN, JJ.


KAPLAN, J.

We are required to consider whether guilty pleas entered by the defendants Edward F. Leate and Christopher J. Pina some seven years ago should, on postconviction attack, be upheld as voluntary, as the judge below held, or set aside as involuntary because not intelligently and understandingly made. There is an additional question, whether it was proper for the judge who accepted the guilty pleas to hear and pass on the later motions to set them aside.

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