DUNN v. PERRIN

Nos. 77-1408 and 77-1412.

570 F.2d 21 (1978)

Richard DUNN, Petitioner, Appellant, v. Everett I. PERRIN, Jr., Respondent, Appellee. Laurence BLACK, Petitioner, Appellant, v. Edward COX et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided February 2, 1978.


Attorney(s) appearing for the Case

Gilbert Upton, Concord, N. H., for petitioner, appellant, Richard Dunn.

Carroll F. Jones, Concord, N. H., with whom McSwiney, Jones & Semple, Concord, N. H., was on brief, for petitioner, appellant, Laurence Black.

James L. Kruse, Asst. Atty. Gen., Concord, N. H., with whom David H. Souter, Atty. Gen. and Edward A. Haffer, Asst. Atty. Gen., Concord, N. H., were on brief for respondent, appellee.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.


COFFIN, Chief Judge.

Petitioners, convicted of separate crimes in two state trials, sought habeas corpus and appeal the district court's denials of the writ. While different juries heard petitioners' trials, the instructions on reasonable doubt were virtually identical. We reproduce in the margin the instructions as given in Dunn's case.1 The New Hampshire Supreme Court concluded, in both cases...

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