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BREEST v. PERRIN

Civ. Nos. 79-266-D, 79-302-D.

495 F.Supp. 287 (1980)

Robert BREEST v. Everett I. PERRIN, Warden, New Hampshire State Prison. Frederick J. MARTINEAU v. Richard T. McCARTHY, Chairman, NH Board of Parole; NH Board of Parole.

United States District Court, D. New Hampshire.

August 22, 1980.

Attorney(s) appearing for the Case

Robert Breest, Frederick J. Martineau, pro se.

Richard B. Michaud, Concord, N. H., for defendants.

OPINION

DEVINE, Chief Judge.

These habeas corpus cases, consolidated per our Order of October 4, 1979, present the common question whether the holding in Dunn v. Perrin, 570 F.2d 21 (1st Cir.), cert. denied, 437 U.S. 910, 98 S.Ct. 3102, 57 L.Ed.2d 1141 (1978) — that New Hampshire's former reasonable doubt jury instruction is constitutionally invalid —...

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