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WILBUR v. MULLANEY

No. 72-1348.

496 F.2d 1303 (1974)

Stillman E. WILBUR, Jr., Petitioner, Appellee, v. Garrell S. MULLANEY et al., Respondents, Appellants.

United States Court of Appeals, First Circuit.

Decided April 30, 1974.

As Amended May 10, 1974.

Attorney(s) appearing for the Case

Vernon I. Arey, Asst. Atty. Gen., with whom Fernand LaRochelle, Asst. Atty. Gen., was on brief, for respondents, appellants.

Peter J. Rubin, Portland, Me., by appointment of the Court, with whom Bernstein, Shur, Sawyer & Nelson, Portland, Me., was on brief, for petitioner, appellee.

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

OPINION ON REMAND

ALDRICH, Senior Circuit Judge.

We are faced again with the duty of considering the propriety, in the light of In re Winship, 1970, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368, of imposing upon a defendant indicted for murder, once an unlawful killing had been shown beyond a reasonable doubt, the burden of proving that his conduct met the statutory definition of manslaughter as distinguished from murder, or...

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