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TWEETY v. MITCHELL

No. 81-6771.

682 F.2d 461 (1982)

Fred TWEETY, Jr., Appellant, v. J. P. MITCHELL, Warden, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 10, 1982.

Attorney(s) appearing for the Case

Stephen A. Saltzburg, University of Va. School of Law, Charlottesville, Va., for appellant.

Linwood T. Wells, Jr., Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen. of Va., Richmond, Va., on brief), for appellees.

Before HAYNSWORTH, Senior Circuit Judge, and MURNAGHAN and ERVIN, Circuit Judges.

ERVIN, Circuit Judge:

This is an appeal from a judgment of the district court dismissing Mr. Tweety's petition for a writ of habeas corpus. Tweety sought habeas relief on the ground that the jury instructions in his state court trial for murder unconstitutionally relieved the state of the burden of proving intent. The district court determined that the Virginia Supreme Court had found that Tweety had not objected to the jury instructions at trial as required by Virginia...

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