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HENDERSON v. MORGAN

No. 74-1529.

426 U.S. 637 (1976)

96 S.Ct. 2253

49 L.Ed.2d 108

HENDERSON, CORRECTIONAL SUPERINTENDENT v. MORGAN.

Supreme Court of United States.

Decided June 17, 1976.

Attorney(s) appearing for the Case

Joel Lewittes argued the cause for petitioner. On the brief were Louis J. Lefkowitz, Attorney General of New York, Samuel A. Hirshowitz, First Assistant Attorney General, and Ralph L. McMurry, Assistant Attorney General.

Joseph E. Lynch, by appointment of the Court, 423 U.S. 943, argued the cause and filed a brief for respondent.

MR. JUSTICE STEVENS delivered the opinion of the Court.

The question presented is whether a defendant may enter a voluntary plea of guilty to a charge of second-degree murder without being informed that intent to cause the death of his victim was an element of the offense.

The case arises out of a collateral attack on a judgment entered by a state trial court in Fulton County, N. Y., in 1965. Respondent, having been indicted on a charge of first-degree murder...

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