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PROCTOR v. ANDERSON

No. 19342.

361 F.2d 557 (1966)

Francis T. PROCTOR, Appellant, v. Sam A. ANDERSON, Superintendent, District of Columbia Jail, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 12, 1966.

Attorney(s) appearing for the Case

Mr. Richard Anthony Hibey, Washington, D. C. (appointed by this court), for appellant. Mr. William W. Greenhalgh, Washington, D. C. (appointed by this court), also entered an appearance for appellant.

Mr. Theodore Wieseman, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Harold H. Titus, Jr., Asst. U. S. Attys., were on the brief, for appellee.

Before EDGERTON, Senior Circuit Judge, and DANAHER and WRIGHT, Circuit Judges.

ORDER

PER CURIAM.

This case came on to be heard on the record on appeal from the United States District Court for the District of Columbia and was argued by counsel.

It appearing that the trial judge referred the question of voluntariness of the confession to the jury without first making that determination himself.

It is ordered that this case be, and it is hereby, remanded to the District Court for hearing on voluntariness of the confession...

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