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McGUIRK v. FAIR

No. 79-1653.

622 F.2d 597 (1980)

Roy E. McGUIRK, Petitioner, Appellant, v. Michael FAIR et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided June 19, 1980.

Attorney(s) appearing for the Case

Stephen Hrones, Boston, Mass., for petitioner, appellant.

Barbara A. H. Smith, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Stephen R. Delinsky, Asst. Atty. Gen., Chief, Criminal Bureau and Robert V. Greco, Asst. Atty. Gen., Criminal Bureau, Boston, Mass., were on brief, for respondents, appellees.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, LOUGHLIN, District Judge.

LOUGHLIN, District Judge.

The issue in this habeas corpus appeal is whether the defendant voluntarily pled guilty to an indictment charging second degree murder. The defendant was indicted by the Grand Jury for the County of Middlesex in the Commonwealth of Massachusetts for murder in the first degree. On July 14, 1975 defendant pled guilty to murder in the second degree and was sentenced to a life term at the Massachusetts Correctional Institution at Walpole. Approximately...

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