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WEBSTER v. ENGLE

No. 81-3058.

721 F.2d 566 (1983)

William WEBSTER, Petitioner-Appellee, v. Ted ENGLE, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 21, 1983.

Attorney(s) appearing for the Case

Dain N. DeVeny, Richard D. Drake, argued, Asst. Attys. Gen. of Ohio, Columbus, Ohio, for respondent-appellant.

Paul Mancino, Jr., argued, Cleveland, Ohio, for petitioner-appellee.

Before KEITH and JONES, Circuit Judges, and WEICK, Senior Circuit Judge.

NATHANIEL R. JONES, Circuit Judge.

The substantive issue presented by this appeal is whether the instructions upon which the jury convicted appellee Webster of murder and carrying a concealed weapon1 improperly shifted to Webster the burden of proving that he acted in self-defense. Appellant, Warden Engle, appeals from the district court's order finding constitutional error in those instructions...

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