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MOORE v. UNITED STATES

No. 22501.

401 F.2d 533 (1968)

Claude Franklin MOORE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

October 22, 1968.

Attorney(s) appearing for the Case

Stanley Yep, Duane V. Peterson, Los Angeles, Cal., for appellant.

Wm. M. Byrne, Jr., U. S. Atty., Robert L. Brosio, Asst. U. S. Atty., Crim. Div., Theodore E. Orliss, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before BROWNING, ELY and HUFSTEDLER, Circuit Judges.

PER CURIAM:

Miranda v. State of Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), requires the government to show not only that the accused was effectively informed of his privilege against self-incrimination and his right to the assistance of counsel, but also that the accused knowingly and intelligently waived these rights. Moreover, "A valid waiver will not be presumed simply...

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