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WISE v. UNITED STATES

No. 20259.

383 F.2d 206 (1967)

George E. WISE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 27, 1967.

Petition for Rehearing Denied October 4, 1967.

Attorney(s) appearing for the Case

Mr. Bernard J. Long, Jr., Washington, D. C., with whom Mr. Charles J. J. McKerns, Washington, D. C. (both appointed by this court), was on the brief, for appellant.

Miss Carol Garfiel, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee. Mr. Robert Kenly Webster, Asst. U. S. Atty., also entered an appearance for appellee.

Before PRETTYMAN, Senior Circuit Judge, and TAMM and LEVENTHAL, Circuit Judges.

Petition for Rehearing En Banc Denied October 4, 1967.

LEVENTHAL, Circuit Judge:

This case is an appeal from a housebreaking conviction and involves the question whether a statement elicited from appellant by the police for purposes of identifying his voice was obtained in violation of his right under Rule 5(a), F.R.Crim.P., to be taken promptly before a commissioner, or of his constitutional right to counsel.

The basic background facts are substantially...

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