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SMITH v. BORDENKIRCHER

No. 83-6002.

718 F.2d 1273 (1983)

Keith Austin SMITH, Appellant, v. Donald E. BORDENKIRCHER, Warden of West Virginia Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 5, 1983.

Rehearing and Rehearing Denied December 21, 1983.

Attorney(s) appearing for the Case

Gene R. Nichol, Jr., Williamsburg, Va., for appellant.

Fredrick S. Wilkerson, Asst. Atty. Gen., Charleston, W.Va. (Chauncey H. Browning, Jr., Atty. Gen., Charleston, W.Va., on brief), for appellee.

Before PHILLIPS, MURNAGHAN and CHAPMAN Circuit Judges.

Rehearing and Rehearing En Banc Denied December 21, 1983.

JAMES DICKSON PHILLIPS, Circuit Judge:

Arguing that a jury instruction given at his 1979 trial in the Circuit Court of Raleigh County, West Virginia violated his right to due process by defining "reasonable doubt" as a "good and substantial doubt ... and one for which he who entertains such a doubt should be able to give a good and substantial reason," Keith Austin Smith appeals from the district court...

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