No. 82-3345.

709 F.2d 232 (1983)

Clyde Eugene HILL, Appellant, v. Charles ZIMMERMAN, The Attorney General of Pennsylvania, and District Attorney for Dauphin County, Appellee.

United States Court of Appeals, Third Circuit.

Decided June 9, 1983.

Certiorari Denied October 31, 1983.

Attorney(s) appearing for the Case

Carl A. Solano (argued), Schnader, Harrison, Lewis & Segal, Philadelphia, Pa., for appellant.

Katherene E. Holtzinger (argued), Richard A. Lewis, William A. Behe, Dauphin County Dist. Attorney's Office, Harrisburg, Pa., for appellee.

Before WEIS and HIGGINBOTHAM, Circuit Judges, and BROTMAN, District Judge.


WEIS, Circuit Judge.

In this habeas corpus case, a state prisoner alleges that the trial court committed constitutional error in its jury charge on presumption of malice and the burden of proof on insanity. After finding exhaustion of state remedies, the district court denied relief on the merits of the insanity issue and held there was a procedural default on the malice claim.1 We conclude that the malice...

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