
    Norman STODICK, Petitioner-Appellant, v. Hoyt CUPP, Warden, Oregon State Penitentiary, Respondent-Appellee.
    No. 23700.
    United States Court of Appeals, Ninth Circuit.
    Sept. 25, 1970.
    Robert J. Pitman (argued), Santa Clara, Cal., for petitioner-appellant.
    Jacob B. Tánger (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 sitting by designation. District Judge for the District of Montana,
    
   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.  