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COMMONWEALTH v. McGUIRK

376 Mass. 338 (1978)

380 N.E.2d 662

COMMONWEALTH vs. ROY E. McGUIRK.

Supreme Judicial Court of Massachusetts, Middlesex.

September 8, 1978.

Attorney(s) appearing for the Case

Stephen Hrones for the defendant.

Kathleen King Parker, Assistant Attorney General, for the Commonwealth.

Present: HENNESSEY, C.J., QUIRICO, KAPLAN, WILKINS, & ABRAMS, JJ.

ABRAMS, J.

The defendant Roy E. McGuirk was convicted of murder in the second degree on his plea of guilty. McGuirk now seeks to withdraw his guilty plea on the ground that it was involuntary because he was not informed that malice aforethought is an element of the offense to which he pleaded.1 See Henderson v. Morgan, 426 U.S. 637 (1976).

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