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GARNER v. UNITED STATES

Nos. 9930, 9931.

174 F.2d 499 (1949)

GARNER et al. v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided March 28, 1949.

Writ of Certiorari Denied June 20, 1949.

Attorney(s) appearing for the Case

Messrs. Louis Jongbloet and Leonard L. Leimbach, both of Washington, D. C., for appellants.

Mr. C. Frank Reifsnyder, Asst. U. S. Atty., of Washington, D. C., with whom Messrs. George Morris Fay, U. S. Atty., and Arthur J. McLaughlin and John D. Lane, Asst. U. S. Attys., all of Washington, D. C., were on the brief, for appellee.

Mr. Stafford R. Grady, Asst. U. S. Atty., of Washington, D. C., also entered an appearance, for appellee.

Before EDGERTON and WILBUR K. MILLER, Circuit Judges, and JENNINGS BAILEY, District Judge, sitting by designation.

Writ of Certiorari Denied June 20, 1949. See 69 S.Ct. 1502.

WILBUR K. MILLER, Circuit Judge.

George A. Garner and Lawrence J. Garner were convicted of murder and sentenced to death. The principal question is whether the court erred in admitting the confessions which they made to the police before they had been presented to a committing magistrate. The appellants rely upon Upshaw v. United States, 1948, 335 U.S. 410, 69 S.Ct...

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