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MILLER v. STAGNER

Nos. 84-5980, 84-5981.

768 F.2d 1090 (1985)

Donald Alan MILLER, Petitioner-Appellant, v. A.A. STAGNER and R.L. Pulley, Respondents-Appellees. Leroy FREEMAN, Petitioner-Appellant, v. A.A. STAGNER and R.L. Pulley, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

August 14, 1985.

Attorney(s) appearing for the Case

Donald Alan Miller, San Luis Obispo, Cal., Keith C. Monroe, Roger S. Hanson, Santa Ana, Cal., for petitioners-appellants.

Donald F. Roeschke, Los Angeles, Cal., for respondents-appellees.

Before SNEED and POOLE, Circuit Judges.

ORDER

The first paragraph of section 2.a., Lesser included offense instruction, on page 6 of our opinion (filed April 8, 1985) 757 F.2d 988, shall be amended to read:

Appellants next argue that they were unconstitutionally convicted because the trial court did not sua sponte instruct the jury on the elements of conspiracy to commit murder under the lesser included offense doctrine...

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