Augustus F. Heald v. Garrell S. Mullaney, Warden, Maine State Prison

LEVIN H. CAMPBELL, Circuit Judge.

Augustus F. Heald appeals from a denial by the district court of his petition for writ of habeas corpus. Heald is serving a sentence imposed by the Penobscot County, Maine, Superior Court, after his conviction by a jury as an accessory before the fact to an armed robbery. The only issue on appeal arises from the state trial judge’s instruction that the jury make special findings in the event of a not guilty verdict. While disapproving the instructions, the Maine Supreme Judicial Court rejected Heald’s contention that the error was of constitutional dimension…