The following excerpt is from Tsirizotakis v. LeFevre, 736 F.2d 57 (2nd Cir. 1984):
The court ruled that, for several reasons, the claimed deficiency in the trial court's charge on intent provided no sound basis for granting the writ. The court found that there was no prejudice to petitioner resulting from the challenged language for two reasons. First, the charge emphasized several times that the burden of proof was on the state to prove petitioner's guilt. Viewed as a whole, the charge was not prejudicial. Second, petitioner had apparently conceded the issue of intent by arguing justification. Thus, any error in the intent language was harmless. Finally, the court noted that petitioner had not properly objected to the intent charge in the state proceedings, and that this procedural default precluded his obtaining habeas corpus relief absent a showing of cause and prejudice pursuant to Wainwright v. Sykes, supra. (1983 Opinion at 4-5.)
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