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PATTERSON v. UNITED STATES

No. 13537.

192 F.2d 631 (1951)

PATTERSON v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

December 7, 1951.

Attorney(s) appearing for the Case

John D. Cofer and G. Hume Cofer, Austin, Tex., for appellant.

Wm. H. Russell, Jr. and Joel W. Westbrook, Asst. U. S. Attys., Charles F. Herring, U. S. Atty., and Bradford F. Miller, Asst. U. S. Atty., San Antonio, Tex., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and STRUM, Circuit Judges.

HUTCHESON, Chief Judge.

When appellant was here before,1 we reserved judgment on the error assigned there, and reassigned here, that his written confession was obtained in violation of Rule 5(a) Rules of Criminal Procedure, 18 U.S.C.A., and was therefore, inadmissible.

Pointing to the absence of testimony as to the availability of a committing magistrate and holding that, the prosecution having made a prima facie case showing...

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