itutional
right ought not to be condoned. * * * Nor ought this Court to convert
the inquiry from one as to the denial of the right into one as to the
prejudice suffered by the denial. To pivot affirmance on the question of
the amount of harm done the accused is to beg the constitutional
question involved. * * * The guarantee of the Fourteenth Amendment is
not that a just result shall have been obtained, but that the result,
whatever it be, shall be reached in a fair way."--Ibid. 130-131, 134,
136-137.

[950] 337 U.S. 241 (1949).

[951] Ibid. 246-247, 249-250.--Dissenting, Justice Murphy maintained
that the use in a capital case of probation reports which "concededly
[would] not have been admissible at the trial, and * * * [were] not
subject to examination by the defendant, * * *" violated "the high
commands of due process * * *"--Ibid. 253. Justice Rutledge dissented
without an opinion.

[952] 339 U.S. 9 (1950).

[953] Ibid. 12-13.--Disagreeing, Justice Frankfurter contended that a
State is "precluded by the due process clause from executing a man who
has temporarily or permanently become insane"; and thus bereft of
unlimited discretion as to "how it will ascertain sanity," a State "must
afford rudimentary safeguards for establishing [that] fact."--Ibid. 16,
19, 21, 24-25.

[954] In re Oliver, 333 U.S. 257 (1948). On application for _habeas
corpus_, the prisoner's commitment was reviewed by the Michigan
appellate court in the light, not of the whole record, but only of
fragmentary excerpts showing merely the testimony alleged to be false
and evasive.

In a concurring opinion, Justice Rutledge advocated disposing of the
case on the ground that the Michigan one-man grand jury system was in
its entirety in conflict with the requirements of due process.

On the ground that the Michigan courts had not passed on the
constitutionality of the procedure at issue, Justices Frankfurter and
Jackson dissented and urged the remanding of the case. _See also_ Gaines
_v._ Washington, 277 U.S. 81, 85 (1928).

[955] 336 U.S. 155 (1949).

[956] Justice Douglas, with Justice Black concurring, dissented on the
ground that even if "such elements of misbehavior as expression, manner
of speaking, bearing, and attitude * * * [had] a contemptuous flavor. *
* * freedom of speech should [not] be so readily sacrificed in a
courtroom." Stressing that the trial judge penalized Fisher only for his
forbidden comment and not for his behavior