GUTHRIE v. WARDEN, MARYLAND PENITENTIARY

No. 81-6783.

683 F.2d 820 (1982)

Walter A. GUTHRIE, # 117801, Appellant, v. WARDEN, MARYLAND PENITENTIARY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 6, 1982.


Attorney(s) appearing for the Case

Benson Everett Legg, Baltimore, Md. (Venable, Baetjer & Howard, Baltimore, Md., on brief), for appellant.

Stephen Rosenbaum, Asst. Atty. Gen., Baltimore, Md. (Stephen H. Sachs, Atty. Gen., Baltimore, Md., on brief), for appellee.

Before WINTER, Chief Judge, HALL, Circuit Judge, and MICHAEL, District Judge.


WINTER, Chief Judge:

Walter H. Guthrie, who was convicted of first-degree murder and sentenced to life imprisonment, appeals from the district court's order denying him a writ of habeas corpus. He attacks the validity of his conviction on the grounds that the jury was unconstitutionally instructed with respect to the elements of the offense and his defenses of intoxication, heat of passion, and self-defense.

Because we think that, read in context, the charge...

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