Leslie David Hill v. A. L. Lockhart, Superintendent, Cummins Unit of the Arkansas Department of Correction

STEPHENSON, Circuit Judge.

Appellant, Leslie David Hill, appeals the denial of his application for writ of habeas corpus by the district court. 1 We affirm.

The sole issue presented on this appeal is whether or not the Arkansas jury instruction requiring appellant to prove by the preponderance of the evidence his defense of insanity at the time of the alleged commission of the offense charged violated his constitutional right of due process of law.

Upon a retrial following the Arkansas Supreme Court’s reversal in Hill v. State, 249 Ark. 42, 458 S.W.2d 45 (1970), appellant was again convicted by…