Court of Appeals for the Ninth Circuit June 9, 1995, 94-15994 (Kenneth Duane Roy v. James Gomez John Van De Kamp and William Merkle)

Opinion by Judge GOODWIN; Dissent by Judge HUG.

GOODWIN, Circuit Judge:

Kenneth Duane Roy appeals the denial of his habeas corpus petition challenging his 1983 California conviction for first degree murder and robbery. Roy’s principal point on appeal is that because the Superior Court’s instruction did not conform to the requirements of People v. Beeman, 35 Cal.3d 547, 199 Cal.Rptr. 60, 674 P.