SMITH, J.
On February 16, 1983, the defendant was indicted for murder in the first degree. On June 6, 1983, the defendant was allowed to plead guilty to murder in the second degree. On April 29, 2004, the defendant filed a motion for a new trial seeking to withdraw his guilty plea. The sole ground of the motion was that although G. L. c. 265, § 1, defines murder in the second degree, it does not set forth an existing crime. Therefore, according to the defendant...
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