Summary
arguing that Chapman can be read to support either test but that a standard similar to the overwhelming evidence test seems to be more proper
Summary of this case from State v. EvansOpinion
ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF CALIFORNIA.
No. 798, Misc.
Decided May 27, 1968.
Certiorari granted; 67 Cal.2d 64, 429 P.2d 606, reversed.
Thomas C. Lynch, Attorney General of California, William E. James, Assistant Attorney General, and Walter R. Jones, Deputy Attorney General, for respondent.
The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is reversed. Chapman v. California, 386 U.S. 18, and Anderson v. Nelson, 390 U.S. 523.
MR. JUSTICE BLACK is of the opinion that certiorari should be denied.