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HEALD v. MULLANEY

No. 74-1171.

505 F.2d 1241 (1974)

Augustus F. HEALD, Petitioner-Appellant, v. Garrell S. MULLANEY, Warden, Maine State Prison, et al., Respondents-Appellees.

United States Court of Appeals, First Circuit.

Decided November 13, 1974.

Certiorari Denied February 24, 1975.

Attorney(s) appearing for the Case

Peter L. Murray, Portland, Me., by appointment of the Court, with whom Murray, Plumb & Murray, Portland, Me., was on brief, for petitioner-appellant.

John W. Benoit, Jr., Deputy Atty. Gen., Augusta, Me., for respondents-appellees.

Before COFFIN, Chief Judge, MOORE, Senior Circuit Judge, and CAMPBELL, Circuit Judge.

Certiorari Denied February 24, 1975. See 95 S.Ct. 1339.

LEVIN H. CAMPBELL, Circuit Judge.

Augustus F. Heald appeals from a denial by the district court of his petition for writ of habeas corpus. Heald is serving a sentence imposed by the Penobscot County, Maine, Superior Court, after his conviction by a jury as an accessory before the fact to an armed robbery. The only issue on appeal arises from the state trial judge's instruction that the jury make special...

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