United States of America Ex Rel. Jerome Rosenberg v. Vincent R. Mancusi, as Warden of Attica State Prison, Attica, n.y.,respondent-appellee

HAYS, Circuit Judge

(dissenting):

I must respectfully dissent. The case seems to me to be governed by the rule in Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968) and I cannot agree that the evidence against Rosenberg was so overwhelming as to justify application of the harmless error doctrine. I would reverse and direct that the writ be granted unless the state chooses to retry the petitioner.