ORDER
The government appeals from a decision by the District Court granting a petition for a writ of habeas corpus. 28 U.S.C.A. § 2254. Two issues are raised on appeal; first, whether the state court's jury instructions impermissibly shifted the burden of proof to the petitioner on the essential element of intent to commit first degree murder; and second, assuming arguendo that the instructions were constitutionally infirm, whether habeas relief was...
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