431 F.2d 1229: Norman Stodick, Petitioner-appellant, v. Hoyt Cupp, Warden, Oregon State Penitentiary, Respondent-appellee
United States Court of Appeals, Ninth Circuit. - 431 F.2d 1229
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.*
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.