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COMMONWEALTH v. SWIFT

382 Mass. 78 (1980)

413 N.E.2d 717

COMMONWEALTH vs. THOMAS J. SWIFT.

Supreme Judicial Court of Massachusetts, Suffolk.

December 10, 1980.

Attorney(s) appearing for the Case

Steven J. Rappaport for the defendant.

Jan Roller, Legal Assistant to the District Attorney (Michael J. Traft, Assistant District Attorney, with her) for the Commonwealth.

Present: HENNESSEY, C.J., BRAUCHER, WILKINS, LIACOS, & ABRAMS, JJ.

ABRAMS, J.

The defendant Thomas J. Swift stands convicted of murder in the second degree, by virtue of his plea of guilty. Swift 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. See Henderson v. Morgan, 426 U.S. 637 (1976); Commonwealth v.

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