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ALSTON v. UNITED STATES

No. 18750.

348 F.2d 72 (1965)

Tom E. ALSTON, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 6, 1965.

Attorney(s) appearing for the Case

Mr. George H. Shapiro, Washington, D. C., with whom Mr. Harry M. Plotkin, Washington, D. C. (both appointed by this court), was on the brief, for appellant.

Mr. John R. Kramer, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and William C. Weitzel, Jr., Asst. U. S. Attys., were on the brief, for appellee.

Mr. Jerome Nelson, Asst. U. S. Atty., also entered an appearance for appellee.

Before BAZELON, Chief Judge, and BURGER and McGOWAN, Circuit Judges.

BAZELON, Chief Judge.

Appellant was convicted of manslaughter. The principal evidence was appellant's confession made at the police station after arrest but prior to a magistrate's hearing. Judge McGowan and I hold for different reasons that the confession was obtained in violation of Rule 5(a), FED.R.CRIM.P.

According to police testimony, appellant was arrested at 5:15 a.m., on February 22, 1964, and arrived at police...

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