WYNN v. MAHONEY

No. 78-6212.

600 F.2d 448 (1979)

Thomas H. WYNN, Appellee, v. William A. MAHONEY, Brunswick Correctional Unit, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 29, 1979.


Attorney(s) appearing for the Case

Joan Byers, Asst. Atty. Gen., Raleigh, N. C. (Rufus L. Edmisten, Atty. Gen. of North Carolina, Richard N. League, Asst. Atty. Gen., Raleigh, N. C., on brief), for appellant.

Sydenham B. Alexander, Jr., Durham, N. C. (Alexander & McCormick, Durham, N. C., on brief), for appellee.

Before WINTER and BUTZNER, Circuit Judges, and FIELD, Senior Circuit Judge.


WINTER, Circuit Judge:

The district court sustained the challenge of Thomas H. Wynn to the constitutional validity of the jury instructions under which he was convicted of voluntary manslaughter in a North Carolina state court and granted him a writ of habeas corpus. The district court ruled that the jury instructions improperly placed the burden of proving provocation and self-defense on Wynn, rather than on the state. Although we conclude that the charge to the...

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