No. 81-7468.

683 F.2d 1332 (1982)

Robert G. LAMB, Plaintiff-Appellant, v. Marvin JERNIGAN, Warden, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 23, 1982.

Attorney(s) appearing for the Case

James C. Bonner, Jr., Prisoner Legal Counseling Project, Legal Aid and Defenders Society, University of Ga. School of Law, Athens, Ga., for plaintiff-appellant.

Susan V. Boleyn, Asst. and counsel of record, Atlanta, Ga., for defendant-appellee.

Before RONEY and KRAVITCH, Circuit Judges, and PITTMAN, District Judge.

KRAVITCH, Circuit Judge:

The sole issue presented by this appeal is whether jury instructions given at appellant's state court trial violated his right to due process.

A. Facts

Appellant was tried for murder in Georgia Superior Court. Evidence introduced by the prosecution at trial established the following facts. At about midnight on a Saturday night in March 1978, security officers for a public housing project in Columbus, Georgia were contacted...

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