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JOHNSON v. UNITED STATES

Nos. 18243, 18244.

344 F.2d 163 (1964)

Tommie A. JOHNSON, Appellant, v. UNITED STATES of America, Appellee. Leon STEWART, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 15, 1964.

As Amended November 13, 1964.

Attorney(s) appearing for the Case

Mr. Henry T. Rathbun (appointed by this court), Washington, D. C., for appellant in No. 18243, argued for both appellants.

Mr. Jack Marshall Stark (appointed by this court), Washington, D. C., was on the brief for appellant in No. 18244.

Mr. John A. Terry, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and Gerald A. Messerman, Asst. U. S. Attys., were on the brief, for appellee.

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

PER CURIAM:

Johnson and Stewart were interrogated by the police on May 26, 1963, 19 days after their preliminary hearing had been continued until May 28, to allow each defendant to obtain and consult counsel. At the time of the interrogation, which produced a confession by Johnson, appellants were not represented by counsel. They were then confined in the District of Columbia Jail, and were interviewed together there by a police officer.

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