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PEA v. UNITED STATES

No. 20433.

397 F.2d 627 (1967)

Emanuel PEA, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 20, 1967.

Reargued January 17, 1968.

On Rehearing June 19, 1968.

Attorney(s) appearing for the Case

Mr. Harold David Cohen, Washington, D. C., with whom Mr. J. Laurent Scharff, Washington, D. C. (both appointed by this court) was on the brief, for appellant.

Mr. Edward T. Miller, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Allan M. Palmer, Asst. U. S. Attys., were on the brief, for appellee. Mr. Robert Kenly Webster, Asst. U. S. Atty., also entered an appearance for appellee.

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

Reargued En Banc January 17, 1968.

On Rehearing En Banc June 19, 1968.

LEVENTHAL, Circuit Judge.

This opinion considers the voluntariness of appellant's confession of murder.

His case is before us for the third time. On a 1960 indictment appellant was convicted of first degree murder and sentenced to death, but in 1962 this court vacated the judgment and remanded for a new trial because appellant had been represented by a fraudulent imposter...

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