Richard Earl Pilon v. Donald E. Bordenkircher, Warden

CELEBREZZE, Circuit Judge.

Petitioner-appellant, Richard Earl Pilón, was convicted in a Kentucky Circuit Court jury trial of manslaughter in the first degree. His conviction was affirmed on direct appeal by the Supreme Court of Kentucky. Pi lon v. Commonwealth, 544 S.W.2d 228 (Ky.1976). He appeals from the district court’s denial of his petition for a writ of habeas corpus. The principal contention on appeal is that the refusal of the state trial court to give a lesser included offense jury instruction constituted a denial of due process. 1 We affirm.

We adopt the recitation of facts given by…