CHAMBERS, Circuit Judge:
In a California state court, Ney was convicted of a rather aggravated mayhem.
There was a confession which was not introduced in evidence. And, the confession was not needed to make the state's case. It seems clear that the trial court did not intend to admit the confession. But earlier the district attorney in an opening statement to the jury alluded to the confession. This, it is asserted, was just as bad as admitting an illegally...
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