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BLACKNEY v. UNITED STATES

No. 13744.

257 F.2d 191 (1958)

David BLACKNEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 1, 1958.

Petition for Rehearing Denied June 4, 1958.

Certiorari Denied October 13, 1958.

Attorney(s) appearing for the Case

Mr. Hymie Nussbaum, Washington, D. C. (appointed by this Court), for appellant.

Mr. Harry T. Alexander, Asst. U. S. Atty., for appellee. Messrs. Oliver Gasch, U. S. Atty., Lewis Carroll and Victor W. Caputy, Asst. U. S. Attys., were on the brief, for appellee. Mr. Milton Eisenberg, Asst. U. S. Atty., at the time the record was filed, also entered an appearance for appellee.

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

Certiorari Denied October 13, 1958. See 79 S.Ct. 77.

PER CURIAM.

This is a criminal case, in which the accused made oral and written admissions to the police, under the circumstances described in the dissent. Applying the tests laid down in Part I of Judge Danaher's opinion in Trilling v. United States, 1958, 102 U.S.App.D.C. ___, ___ F.2d ___, representing the views of a majority of the entire court, we consider that the judgment of conviction must be

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