Thomas Martinez v. Robert Borg, Warden Attorney General of the State of California

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 for aiding and abetting failed to state all the elements of the offense. As a result, appellant argues, the jury did not have the opportunity to find each element of the crime beyond a reasonable doubt as…