No. 91-1553.

971 F.2d 77 (1992)

John T. MOSS, Appellant, v. A.L. LOCKHART, Director A.D.C., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 17, 1992.

Attorney(s) appearing for the Case

Mark Steven Cambiano, Morrilton, Ariz., argued, for appellant.

Jack Gillian, Little Rock, Ark., argued, for appellee.

Before McMILLIAN and JOHN R. GIBSON, Circuit Judges, and HUNTER, Senior District Judge.

JOHN R. GIBSON, Circuit Judge.

John T. Moss appeals the denial of his petition for writ of habeas corpus brought under 28 U.S.C. § 2254 (1988). Moss is serving a life sentence following his state court conviction of capital murder for a killing that occurred during a robbery attempt at a motel. He argues that one of the instructions required him to assume the burden of proof with respect to an element of the offense. He also complains that there was insufficient...

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