Matthew Johnson v. Wayne K. Patterson, Warden, Colorado State Penitentiary

LEWIS, Chief Judge.

This is an appeal from judgment of the United States District Court for the District of Colorado granting Matthew Johnson’s petition for a writ of habeas corpus. Johnson was tried and convicted for rape in the state of Colorado and the judgment of conviction was affirmed on direct appeal. Johnson v. Colorado, Colo., 172 Colo. 406, 473 P.2d 974. The sole issue presented here, which was given full consideration on direct appeal, is whether the prosecution’s questions dur*1067ing cross-examination and comments during closing argument infringed upon Johnson’s right to remain silent…