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McINERNEY v. BERMAN

Civ. A. No. 78-1159-S.

473 F.Supp. 187 (1979)

Thomas F. McINERNEY, Petitioner, v. Louis BERMAN et al., Respondents.

United States District Court, D. Massachusetts.

June 27, 1979.

Attorney(s) appearing for the Case

Norman S. Zalkind, Zalkind & Zalkind, Boston, Mass., Stephen L. Saltonstall, Mass. Correctional Legal Services, Boston, Mass., for petitioner.

Robert S. Potters, Asst. Atty. Gen., Boston, Mass., for respondents.

MEMORANDUM AND ORDER

SKINNER, District Judge.

In this petition for a writ of habeas corpus the petitioner alleges that his constitutional right to due process has been violated in his conviction of murder in the second degree in the Massachusetts Superior Court. Specifically, he claims that the trial judge's charge to the jury impermissibly shifted to him the burden of disproving malice aforethought, an essential element of the crime of murder in the second...

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