GORDON v. UNITED STATES

No. 17608.

268 F.2d 81 (1959)

Donald George Lincoln GORDON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

June 16, 1959.


Attorney(s) appearing for the Case

Jack Love, Fort Worth, Tex., for appellant.

Philip C. McGahey, Jr., Asst. U. S. Atty., Fort Worth, Tex., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and TUTTLE, Circuit Judges.


PER CURIAM.

This appeal from a conviction of appellant for unlawfully transporting a stolen automobile in Interstate Commerce presents only the question: whether the court erred in admitting testimony of an oral confession made by the appellant.

It appears without dispute that the confession was made while Gordon was in the custody of state officers. It thus does not present a situation which warrants the application of the so-called McNabb-Mallory rule. Mallory...

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