GLENN v. DALLMAN

No. 81-3519.

686 F.2d 418 (1982)

Preston GLENN, Petitioner-Appellant, v. William DALLMAN, Superintendent, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 23, 1982.


Attorney(s) appearing for the Case

Gregory L. Ayers, Franklin County Public Defender, Barbara Slutsky, Columbus, Ohio, for petitioner-appellant.

Richard David Drake, Asst. Atty. Gen., Columbus, Ohio, for respondent-appellee.

Before KENNEDY, Circuit Judge, SWYGERT and PECK, Senior Circuit Judges.


JOHN W. PECK, Senior Circuit Judge.

This appeal from the district court's denial of a state prisoner's habeas corpus petition raises the question whether the state trial court's complete failure to instruct the jury on an essential element of the crime for which petitioner was convicted was harmless error. We conclude that it was not and reverse the judgment of the district court and remand with the directions that the writ issue ordering that the petitioner's conviction...

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