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DOUCETTE v. VOSE

No. 87-1413.

842 F.2d 538 (1988)

William H. DOUCETTE, Jr., Petitioner, Appellant, v. George VOSE, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided March 23, 1988.

Attorney(s) appearing for the Case

Edward Berkin with whom Kehoe, Doyle, Playter & Novick, Boston, Mass., was on brief, for petitioner, appellant.

Paula J. DeGiacomo, Asst. Atty. Gen., Crim. Bureau, with whom James M. Shannon, Atty. Gen., Boston, Mass., was on brief, for respondent, appellee.

Before BREYER and SELYA, Circuit Judges, and LAFFITTE, District Judge.

BREYER, Circuit Judge.

In 1979, a Massachusetts jury convicted appellant William Doucette of first degree murder. After exhausting state remedies, he filed a habeas corpus petition in federal district court, 28 U.S.C. § 2254 (1982). He claims that his conviction violated the United States Constitution primarily because the trial judge told the jury:

When the killing is caused by the intentional use of a deadly weapon, such as a knife, there arises a...

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