William E. Wright v. Harold J. Smith, Superintendent, Etc.

MANSFIELD, Circuit Judge:

The sole issue upon this appeal is whether the Western District of New York, John T. Curtin, Chief Judge, properly granted habeas relief to appellee, a state prisoner, on the ground that the trial judge’s jury instructions with respect to appellee’s alibi defense 1 unconstitutionally shifted the burden of proof to him on this issue and thus denied him due process. We hold that the charge did not violate appellee’s constitutional rights and accordingly reverse.

On August 3, 1972, following a jury trial in Erie County Court, appellee William E. Wright was convicted of…