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SMITH v. UNITED STATES

Nos. 17466, 17534.

324 F.2d 879 (1963)

Wilson M. SMITH, Jr., Appellant, v. UNITED STATES of America, Appellee. Raymond BOWDEN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided September 26, 1963.

Petition for Rehearing Denied November 18, 1963.

Attorney(s) appearing for the Case

Mr. Kenneth D. Wood, Washington, D. C., (appointed by the District Court) for appellant Wilson M. Smith, Jr.

Mr. Bernard Margolius, Washington, D. C., with whom Mr. Ben Greenspoon, Washington, D. C., (both appointed by the District Court) was on the brief, for appellant Raymond Bowden.

Mr. David C. Acheson, U. S. Atty., with whom Messrs. Charles T. Duncan, Principal Asst. U. S. Atty., and Frank Q. Nebeker and William H. Willcox, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, and BASTIAN and BURGER, Circuit Judges.

Petition for Rehearing En Banc Denied November 18, 1963.

BURGER, Circuit Judge.

These are appeals from murder and robbery convictions in which there is urged upon us the novel point that the testimony of an eyewitness to the crime must be suppressed because the police learned from appellants, during a period of illegal detention, of the existence and identity of such an eyewitness. In short it is argued that because the confessions made during the "unnecessary...

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