COMMONWEALTH v. CARTER


396 Mass. 234 (1985)

484 N.E.2d 1340

COMMONWEALTH vs. ALVIN CARTER.

Supreme Judicial Court of Massachusetts, Middlesex.

November 13, 1985.


Attorney(s) appearing for the Case

Ellen K. Wade (Sherry S. Leibowitz with her) for the defendant.

Charles J. Hely, Special Assistant Attorney General (Stephanie Glennon with him) for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, LIACOS, LYNCH, & O'CONNOR, JJ.


WILKINS, J.

The defendant, who pleaded guilty to murder in the second degree and other felonies, seeks to withdraw those pleas. His withdrawal request as to the murder indictment is based on the theory that the record of the proceedings at which he changed his pleas from not guilty to guilty does not show that the defendant admitted to facts sufficient for a determination of malice, which is essential to a conviction of felony-murder and thus also essential to any...

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