Wolfe v. North Carolina

*197Mr. Chief Justice Warren, with whom Mr. Justice Black, Mr. Justice Douglas, and Mr. Justice Brennan join,

dissenting.

I do not agree that the decision below rests on adequate nonfederal grounds. And — whether it does or not — it seems to me that the case should not be dismissed in view of developments since the argument.

The crucial holding below is that the North Carolina courts could not consider the Simkins 1 record because appellants “for reasons best known to themselves elected not to offer [it] in evidence.” 248 N. C. 485, 493,103 S. E. 2d 846, 852. It goes without saying that the…