APPEAL AND ERROR-SIGNIFICANCE OF DENIAL OF CERTIORARI AS PRECEDENT BY UNITED STATES SUPREME COURT

Respondents were found guilty of contempt of court for broadcasting dispatches concerning a person about to be tried on a charge of murder. The convictions were reversed on constitutional grounds by the Court of Appeals of Maryland, relying upon certain decisions of the United States Supreme Court. The state sought a writ of certiorari on the ground that the Maryland court had misconceived the rulings of the Supreme Court. Although the application for certiorari was denied, Justice Frankfurter took occasion to write an opinion stating that the denial of the writ meant only that fewer than four members of the court thought it should be granted, and that the denial carried no implication whatsoever regarding the Court's views on the merits of the case.

State v. Baltimore Radio Show, 338 U.S. 912, 70 S.Ct. 252 (1950).