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BERRIER v. EGELER

No. 77-1100.

583 F.2d 515 (1978)

Harrison BERRIER, Petitioner-Appellee, v. Charles E. EGELER, Warden, State Prison of Southern Michigan at Jackson, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 8, 1978.

As Amended October 5, 1978.

Certiorari Denied November 6, 1978.

Attorney(s) appearing for the Case

Frank J. Kelley, Atty. Gen. of Michigan, Robert A. Derengoski, Sol. Gen., Thomas L. Casey, Asst. Atty. Gen., Lansing, Mich., for respondent-appellant.

Arthur J. Tarnow, Detroit, Mich., for petitioner-appellee.

Before EDWARDS and ENGEL, Circuit Judges, and GRAY, Senior District Judge.

Certiorari Denied November 6, 1978. See 99 S.Ct. 354.

EDWARDS, Circuit Judge.

This is a habeas corpus petition where a District Judge in the Eastern District of Michigan, Southern Division, granted petitioner the relief he sought. The facts show that petitioner killed his brother-in-law in his (the petitioner's) home. He contended that he shot in self-defense. The trial judge, in a confused instruction, told the jury that the defendant had the burden of

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