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BUMPUS v. GUNTER

No. 80-1114.

635 F.2d 907 (1980)

Robert BUMPUS, Petitioner-Appellant, v. Frank GUNTER et al., Respondents-Appellees.

United States Court of Appeals, First Circuit.

Decided December 3, 1980.

Attorney(s) appearing for the Case

Norman S. Zalkind, Boston, Mass., by appointment of the Court, and Stephen Saltonstall, with whom Zalkind & Zalkind, Boston, Mass., was on brief for petitioner-appellant.

Barbara A. H. Smith, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and Stephen R. Delinsky, Asst. Atty. Gen., Chief, Criminal Bureau, Boston, Mass., were on brief, for respondents-appellees.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, and DAVIS, Judge, U. S. Court of Claims.

LEVIN H. CAMPBELL, Circuit Judge.

Robert Bumpus appeals from the dismissal by the district court of his petition for habeas corpus. Bumpus attacks his conviction in the Massachusetts Superior Court on various grounds, the most serious of which, in our view, concerns alleged constitutional inadequacies in the trial court's instructions to the jury on reasonable doubt. The district court analyzed carefully the disputed portions of the jury charge and held that the charge...

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