United States of America Ex Rel. Robert Bleimehl v. Joseph G. Cannon, Warden, Stateville Correctional Center, Joliet, Illinois

SWYGERT, Circuit Judge.

The question presented by this appeal concerns the distinction between prejudicial error and a denial of due process of law. We have a situation in which a mug book, prepared by the Berwyn, Illinois, police department, was introduced into evidence over objection in a state criminal trial. The jury was allowed to examine the book including a mug-shot of the petitioner taken five years previously by the Chicago police department. The petitioner claims in a habeas proceeding that the introduction of this evidence was prejudicial error of such magnitude that his right to a…