Douglas v. Alabama/Concurrence Stewart

Mr. Justice STEWART, concurring in the result.

The Court says that what happened in this case violated the petitioner's 'rights under the Confrontation Clause of the Sixth Amendment as applied to the States.' I concur in the Court's judgment, because I think the petitioner was deprived of his liberty without due process of law in violation of the Fourteenth Amendment. This difference in view is, of course, far more than a matter of mere semantics. See my opinion concurring in the result in Pointer v. Texas, 380 U.S., p. 409, 85 S.Ct., p. 1071.