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ENGLE v. KOEHLER

No. 82-1470.

707 F.2d 241 (1983)

Tilden N. ENGLE, Petitioner-Appellant, v. Theodore KOEHLER, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 9, 1983.

Attorney(s) appearing for the Case

John Nussbaumer, State Appellate Defender (argued), Detroit, Mich., for petitioner-appellant.

Frank J. Kelley, Atty. Gen. of Mich., Thomas Nelson (argued), Lansing, Mich., for respondent-appellee.

Before CONTIE and KRUPANSKY, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

CONTIE, Circuit Judge.

Tilden Engle appeals from a district court order dismissing a petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. Engle was convicted in Michigan in July, 1973 of first degree murder and was sentenced to life imprisonment without possibility of parole. The sole issue is whether the trial court's jury instructions on the issues of malice and intent constitute reversible error under Sandstrom v. Montana,

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