HALLOWELL v. KEVE

Civ. A. No. 75-339.

412 F.Supp. 681 (1976)

William M. HALLOWELL, Petitioner, v. Paul W. KEVE, Director of the Division of Adult Corrections and the State of Delaware, Respondents.

United States District Court, D. Delaware.

April 22, 1976.


Attorney(s) appearing for the Case

L. Vincent Ramunno, Wilmington, Del., for petitioner.

Francis A. Reardon, Deputy Atty. Gen., and George H. Seitz, III, State Prosecutor, Wilmington, Del., for respondents.


OPINION

STAPLETON, District Judge:

In this habeas corpus proceeding, petitioner attacks his state court conviction for second degree murder. First, he maintains that the trial judge deprived him of his rights to trial by jury and due process of law by refusing to charge the jury regarding involuntary manslaughter. Second, petitioner asserts that the court's charge relieved the State of its constitutional duty under Mullaney v. Wilbur,

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