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TSOUMAS v. STATE OF N. H.

No. 79-1333.

611 F.2d 412 (1980)

Thomas A. TSOUMAS and David A. Sands, Plaintiffs, Appellants, v. The STATE OF NEW HAMPSHIRE, Attorney General of the State of New Hampshire, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 4, 1980.

Attorney(s) appearing for the Case

David J. Killkelley, Laconia, N. H., and Stanley M. Brown, Manchester, N. H., with whom Nighswander, Lord, Martin & Killkelley, Laconia, N. H., and Brown & Nixon, Manchester, N. H., were on brief, for plaintiffs, appellants.

Andrew R. Grainger, Asst. Atty. Gen., Concord, N. H., with whom Thomas D. Rath, Atty. Gen., Concord, N. H., was on brief, for defendants, appellees.

Before CAMPBELL, Circuit Judge, WYZANSKI, Senior District Judge, and CLARKE, District Judge.

LEVIN H. CAMPBELL, Circuit Judge.

Defendants appeal from the denial of their petitions for habeas corpus. Defendants, who were both convicted of perjury after a consolidated jury trial in a New Hampshire state court, argue the court committed reversible error in its instruction to the jury defining reasonable doubt.

Defendants attack the last two sentences, especially the italicized language, of the following portion of the charge.1

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