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GILBERT v. MURPHY

Misc. No. 76-8057.

536 F.2d 1023 (1976)

Andre Roger GILBERT, Petitioner, v. Ward E. MURPHY, acting Warden, Maine State Prison and the State of Maine, Respondents.

United States Court of Appeals, First Circuit.

Decided July 23, 1976.

Attorney(s) appearing for the Case

Andre Roger Gilbert, pro se upon application and memorandum in support thereof.

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

PER CURIAM.

Petitioner was convicted of murder by a jury in the Kennebec County, Maine, Superior Court on June 21, 1951. He seeks a habeas corpus relief on the grounds that the trial judge's instructions to the jury improperly placed upon him the burden of proving that he acted in the heat of passion on sudden adequate provocation to reduce the offense to manslaughter. See Mullaney v. Wilbur, 421 U.S. 684, 95 S.Ct. 881, 44 L...

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