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ROSS v. ISRAEL

No. 80-C-793.

503 F.Supp. 131 (1980)

Jerry Lynn ROSS, Petitioner, v. Thomas R. ISRAEL, Respondent.

United States District Court, E. D. Wisconsin.

November 21, 1980.

Attorney(s) appearing for the Case

Jerry Lynn Ross, pro se.

E. Gordon Young, Asst. Atty. Gen., Madison, Wis., for respondent.

DECISION and ORDER

MYRON L. GORDON, District Judge.

Jerry Lynn Ross' petition for a writ of habeas corpus is before me for decision on the merits. Mr. Ross attacks his conviction for first degree murder on the ground that the trial court improperly instructed the jury that it could presume the essential element of intent from the petitioner's acts. A similar instruction was found constitutionally infirm in

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