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PIERCE v. UNITED STATES

No. 11155.

197 F.2d 189 (1952)

PIERCE v. UNITED STATES.

United States Court of Appeals, District of Columbia Circuit.

Decided May 15, 1952.

Attorney(s) appearing for the Case

Edward A. McCabe, Washington, D. C., with whom Donald O. Montgomery, Washington, D. C., was on the brief, for appellant.

Joseph F. Goetten, Asst. U. S. Atty., Washington, D. C., with whom Charles M. Irelan, U. S. Atty., Frank H. Strickler and Joseph M. Howard, Asst. U. S. Attys., all of Washington, D. C., were on the brief, for appellee. George Morris Fay, U. S. Atty. when the record was filed, Washington, D. C., also entered an appearance for appellee.

Before WILBUR K. MILLER, PROCTOR and BAZELON, Circuit Judges.

WILBUR K. MILLER, Circuit Judge.

The question here is whether the McNabb ruling1 requires us to set aside appellant's conviction of robbery because his confession, made while he was in custody and before he was presented to a committing magistrate, was admitted in evidence against him.

The facts are these: About 2:00 a. m. on February 1, 1951, William F. Jordan was the sole attendant on duty at a gasoline filling station. The appellant...

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