Johnson v. Massachusetts/Opinion of the Court

In 1964 petitioner was tried and convicted in a Massachusetts Superior Court for murder, armed robbery, and other offenses. The conviction was affirmed by the Supreme Judicial Court of Massachusetts. Commonwealth v. Johnson, 352 Mass. 311, 225 N.E.2d 360. We granted certiorari because there appeared to be substantial questions concerning the voluntariness of a confession of petitioner which was admitted in evidence at his trial. After oral argument and study of the record, we have reached the conclusion that the record relevant to the constitutional claims now asserted is insufficient to permit decision of those claims. #fn-s-s The writ is therefore dismissed as improvidently granted. Cf. Smith v. State of Mississippi, 373 U.S. 238, 83 S.Ct. 1265, 10 L.Ed. 321; Massachusetts v. Painten, 389 U.S. 560, 88 S.Ct. 660, 19 L.Ed.2d 770.

It is so ordered.

Writ of certiorari dismissed.

Mr. Justice MARSHALL, with whom THE CHIEF JUSTICE and Mr. Justice FORTAS join, dissenting.