UNITED STATES v. DEPARTMENT OF CORRECTIONS OF STATE OF DELAWARE

No. 16900.

390 F.2d 150 (1968)

UNITED STATES of America ex rel. Samuel PRIEST, Appellant, v. The DEPARTMENT OF CORRECTIONS OF the STATE OF DELAWARE ex rel. William NARDINI, Commissioner,

United States Court of Appeals Third Circuit.

Decided February 27, 1968.


Attorney(s) appearing for the Case

James F. Kipp, Becker & Kipp, Wilmington, Del., for appellant.

Jay P. James, Deputy Atty. Gen. of State of Delaware, Wilmington, Del., for appellee.

Before HASTIE, Chief Judge, and FREEDMAN and VAN DUSEN, Circuit Judges.


OPINION OF THE COURT

PER CURIAM.

In this habeas corpus proceeding by a state prisoner, assigned counsel has ably presented an unusual theory of denial of due process of law. A statement made by the accused during interrogation, at a time when he was confined because of his inability to supply bail, was used against him. Although it does not appear that the statement was involuntary, it is argued that an accused person under detention is available for and...

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