431 F2d 1229 Stodick v. Cupp

431 F.2d 1229

Norman STODICK, Petitioner-Appellant,
Hoyt CUPP, Warden, Oregon State Penitentiary, Respondent-Appellee.

No. 23700.

United States Court of Appeals, Ninth Circuit.

September 25, 1970.

Robert J. Pitman (argued), Santa Clara, Cal., for petitioner-appellant.

Jacob B. Tanger (argued), Sol. Gen. of Or., Lee Johnson, Atty. Gen., Helen B. Kalil, Asst. Atty. Gen., Salem, Or., for respondent-appellee.

Before MERRILL and HUFSTEDLER, Circuit Judges, and JAMESON, District Judge.*


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It was not error to deny appellant's petition for writ of habeas corpus. The error in state trial on which appellant relies was admission without objection of testimony by a police officer that in response to an inquiry as to ownership of an automobile appellant had stated: "I'd rather not say." On this record this was harmless beyond a reasonable doubt.


Judgment affirmed.



Honorable William J. Jameson, United States District Judge for the District of Montana, sitting by designation