ROLLINS v. MAGGIO

No. 82-3156.

711 F.2d 592 (1983)

Sylvester ROLLINS, Petitioner-Appellant, v. Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary, and William J. Guste, Jr., Attorney General, State of Louisiana, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

July 7, 1983.


Attorney(s) appearing for the Case

Janice G. Clark, Baton Rouge, La., for petitioner-appellant.

William R. Campbell, Jr., Beryl M. McSmith, Asst. Dist. Attys., New Orleans, La., for respondents-appellees.

Before BROWN, REAVLEY and RANDALL, Circuit Judges.


PER CURIAM:

Petitioner's principal contention in this Section 2254 attack upon his Louisiana conviction complains of the court's instruction to the jury. The judge told the jury that one who assaults another with intent to inflict great bodily harm has the specific intent of second degree murder and may be so convicted if the assaulted person dies from the assault. He explained that "the law feels that a person is presumed to intend the natural and probable consequences...

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