Opinion · United States Court of Appeals for the Ninth Circuit

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

Norman STODICK, Petitioner-Appellant, v. Hoyt CUPP, Warden, Or. StatePenitentiary, Respondent-Appellee., 431 F.2d 1229 (9th Cir. 1970)

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. ↩