McKAY, Circuit Judge.
In accordance with 10th Cir.R. 9(e) and Fed.R.App.P. 34(a), this appeal came on for consideration on the briefs and record on appeal.
I
Ruel Hux appeals the district court's denial of his petition for a writ of habeas corpus. See 28 U.S.C. § 2254 (1976). Mr. Hux was convicted of second degree burglary by a jury in Oklahoma state court and sentenced to twenty-eight years' imprisonment. At trial, the court instructed...
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