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HUNTER v. WILLIAMS

No. 77-1757.

570 F.2d 510 (1978)

Charles A. HUNTER, Appellee, v. Ralph L. WILLIAMS, Warden, Maryland House of Correction, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 23, 1978.

Attorney(s) appearing for the Case

John P. Stafford, Jr., Asst. Atty. Gen. of Md., Baltimore, Md. (Francis B. Burch, Atty. Gen. of Md., Clarence W. Sharp, Asst. Atty. Gen. of Md., Chief, Crim. Div., Baltimore, Md., on brief), for appellant.

Jerrold B. Pinsker, Rockville, Md., for appellee.

Before WINTER, RUSSELL and WIDENER, Circuit Judges.

WIDENER, Circuit Judge:

The district court, by written opinion, set aside a Maryland conviction for murder on the ground that an instruction given by the Maryland trial court was in violation of Mullaney v. Wilbur, 421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975), in that it shifted the burden of proof to the defendant to reduce the crime of murder to manslaughter. The district court also held an instruction relating to alibi...

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