Opinion · United States Court of Appeals for the Ninth Circuit

STODICK v. CUPP, 431 F.2d 1229 (9th Cir. 1970)

431 F.2d 1229

Type
Opinion
Court
United States Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1970-09-25
Topic
general

STODICK v. CUPP, 431 F.2d 1229 (9th Cir. 1970) Norman STODICK, Petitioner-Appellant, v. Hoyt CUPP, Warden, Oregon StatePenitentiary, Respondent-Appellee. No. 23700.United States Court of Appeals, Ninth Circuit. September 25, 1970.

Citator

UpLaw has not yet analyzed STODICK v. CUPP, 431 F.2d 1229 (9th Cir. 1970). The absence of a flag is not a finding that it is good law.

STODICK v. CUPP,431 F.2d 1229(9th Cir. 1970)
Norman STODICK, Petitioner-Appellant, v. 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.fn*
PER CURIAM:
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.
  1. Honorable William J. Jameson, United States District Judge for the District of Montana, sitting by designation. ↩