McGUINN v. CRIST

No. CV-80-5-Bu.

492 F.Supp. 478 (1980)

Thomas P. McGUINN, Petitioner, v. Roger W. CRIST, Warden of Montana State Penitentiary, Respondent.

United States District Court, D. Montana, Butte Division.

July 3, 1980.


Attorney(s) appearing for the Case

Dan Sweeney, Butte, Mont., for petitioner.

John Maynard, Asst. Atty. Gen., Helena, Mont., for respondent.


ORDER

WILLIAM D. MURRAY, Senior District Judge.

Thomas McGuinn, petitioner herein, brings this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The issue raised by the petitioner is the effect of the trial court's instruction to the jury that "[t]he law presumes that a person intends the ordinary consequences of his voluntary acts," hereinafter referred to as the Sandstrom instruction. In Sandstrom v. Montana,

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