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STANLEY v. MABRY

No. 78-1589.

596 F.2d 332 (1979)

Jackie STANLEY, III, Appellant, v. James MABRY, Commissioner, Arkansas Department of Correction, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 18, 1979.

Rehearing and Rehearing Denied May 8, 1979.

Attorney(s) appearing for the Case

John B. Peace of Davidson, Plastiras, Horne, Hollingsworth & Arnold, Little Rock, Ark., for appellant.

Ray Hartenstein, Asst. Atty. Gen., Little Rock, Ark., for appellee; Bill Clinton (former Atty. Gen.), and James E. Smedley (former Asst. Atty. Gen.), Little Rock, Ark., on brief.

Before LAY, BRIGHT and ROSS, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 8, 1979.

PER CURIAM.

The sole issue in this state habeas corpus action is whether the State of Arkansas unconstitutionally imposed upon petitioner Jackie Stanley, III, the burden of proving by a preponderance of the evidence his defense of insanity to a first degree murder charge.1 The federal district court denied relief. We affirm. The petitioner contends that the element of malice aforethought...

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