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BELL v. WATKINS

No. 81-4358.

692 F.2d 999 (1982)

Charles Sylvester BELL, Petitioner-Appellant, v. John C. WATKINS, Commissioner, Mississippi Department of Corrections, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing and Rehearing February 28, 1983.

Attorney(s) appearing for the Case

Freeland & Gafford, James L. Robertson (court appointed), Oxford, Miss., Cupit & Maxey, John L. Maxey, II, Jackson, Miss., for petitioner-appellant.

William A. Allain, Atty. Gen. of Miss., Marvin L. White, Jr., Sp. Asst. Atty. Gen., Jackson, Miss., for respondents-appellees.

Before BROWN, WISDOM and RANDALL, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc February 28, 1983.

RANDALL, Circuit Judge:

Charles Sylvester Bell was convicted of capital murder in a Mississippi state court in 1977 and sentenced to death. On appeal from the federal district court's denial of habeas corpus relief, 28 U.S.C. § 2254 (1976), the defendant contends:

(1) that the instructions given the jury during the guilt phase of his trial were constitutionally inadequate...

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