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MARTINEZ v. BORG

No. 89-56163.

937 F.2d 422 (1991)

Thomas MARTINEZ, Petitioner-Appellant, v. Robert BORG, Warden; Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 25, 1991.

As Amended on Denial of Rehearing and Rehearing July 18, 1991.

Attorney(s) appearing for the Case

Meredith Nelson, Brobeck, Phleger & Harrison, San Francisco, Cal., for petitioner-appellant.

David F. Glassman and Donald F. Roeschke, Deputy Attys. Gen., Los Angeles, Cal., for respondents-appellees.

Before NORRIS, HALL and THOMPSON, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc July 18, 1991.

WILLIAM A. NORRIS, Circuit Judge:

Appellant was convicted by a state court jury of aiding and abetting the second degree murder of a peace officer and of aiding and abetting the attempted murder of another peace officer. In his habeas corpus petition filed in federal district court appellant asserts two constitutional errors in his trial. First, he contends that the jury instruction given...

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