Edward Earl Johnson, Cross-Appellee v. Morris Thigpen, Commissioner, Mississippi Department of Corrections, Cross-Appellant

CLARK, Chief Judge:

Edward Earl Johnson appeals from the judgment of the district court denying his petition for writ of habeas corpus. He argues first that his death sentence was imposed on the basis of an unconstitutionally vague aggravating circumstance. Second, he contends that the state trial court unconstitutionally restricted his sentencing phase argument. Finally, he maintains that he was entitled at the guilt phase of his trial to an instruction on the lesser included offense of manslaughter. Finding these claims to be without merit, we affirm the judgment appealed from.

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