Stodick
v.
Cupp

Not overruled or negatively treated on appealinfoCoverage
United States Court of Appeals, Ninth CircuitSep 25, 1970
431 F.2d 1229 (9th Cir. 1970)

No. 23700.

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.

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


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.