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WRIGHT v. SMITH

No. 414, Docket 77-2077.

569 F.2d 1188 (1978)

William E. WRIGHT, Petitioner-Appellee, v. Harold J. SMITH, Superintendent, etc., Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 16, 1978.

Attorney(s) appearing for the Case

Robert S. Hammer, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., of N. Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for respondent-appellant.

Robert I. Gannon, Buffalo, N. Y., for petitioner-appellee.

Before FEINBERG, MANSFIELD and TIMBERS, Circuit Judges.

MANSFIELD, Circuit Judge:

The sole issue upon this appeal is whether the Western District of New York, John T. Curtin, Chief Judge, properly granted habeas relief to appellee, a state prisoner, on the ground that the trial judge's jury instructions with respect to appellee's alibi defense1 unconstitutionally shifted the burden of proof to him on this issue and thus denied him due process. We hold that the charge did not violate...

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