UNITED STATES v. SCHWARTZ

Nos. 10678, 10680.

372 F.2d 678 (1967)

UNITED STATES of America, Appellee, v. Edwin Irving SCHWARTZ, Appellant. UNITED STATES of America, Appellee, v. David Marsh ONDERDONK, Appellant.

United States Court of Appeals Fourth Circuit.

Decided January 24, 1967.


Attorney(s) appearing for the Case

Christian C. Westerman (T. Brooke Howard, Alexandria, Va., on brief) for appellants.

Wm. Medford, U. S. Atty. (Joseph R. Cruciani, Asst. U. S. Atty., on brief) for appellee.

Before SOBELOFF, BOREMAN and BRYAN, Circuit Judges.


ALBERT V. BRYAN, Circuit Judge.

Admission of confessions made by Edwin Irving Schwartz and David Marsh Onderdonk at their joint trial in April 1966, for interstate transportation of a stolen motor vehicle, 18 U.S.C. § 2312, is the error they now assign on appeal from the ensuing convictions. Involuntariness, Schwartz says, inheres in his statement because it was procured at a time when he was unduly detained in violation of Rule 40(b) F.R.Crim.P., that is after...

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