WASHINGTON (Dec. 3)
The Supreme Court yesterday ordered a new trial for Harold Fahy, accused of being a neo-Nazi anti-Semite, who was sentenced to 60 days’ imprisonment for painting a swastika on Beth Israel synagogue in Nor-walk. Connecticut.
Fahy appealed to the Supreme Court for a new trial on grounds that a can of paint and a brush were unlawfully seized from his car at his home and were improperly used as evidence in County Court, Bridgeport, Connecticut.
Chief Justice Earl Warren delivered the 5 to 4 decision. Justice Arthur Goldberg favored Fahy’s appeal. Justice Harlan dissented in an opinion in which Justices Clark, Stewart, and White joined.