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COLE v. STEVENSON

No. 78-6211.

620 F.2d 1055 (1980)

James Lewis COLE, Appellee, v. L. V. STEVENSON, Superintendent; and Attorney General of the State of North Carolina, Rufus L. Edmisten, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided May 5, 1980.

Attorney(s) appearing for the Case

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

Barry Nakell, University of North Carolina School of Law, Chapel Hill, N. C., for appellee.

Before HAYNSWORTH, Chief Judge, and WINTER, BUTZNER, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, and SPROUSE, Circuit Judges.

WIDENER, Circuit Judge:

The petitioner, James Lewis Cole, was convicted in a North Carolina State court of second degree murder. After a series of State appeals, which will be discussed in more detail below, Cole filed a petition for a writ of habeas corpus in the federal district court, alleging that the State trial court improperly instructed the jury by placing the burden on the defendant to prove self-defense and an absence of malice, and that this shifting of...

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