UNITED STATES v. SMITH

No. 26637.

441 F.2d 539 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Freddie McKinley SMITH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

April 28, 1971.


Attorney(s) appearing for the Case

Jo Ann Diamos, Tucson, Ariz., for defendant-appellant.

James M. Wilkes, Asst. U. S. Atty., Richard K. Burke, U. S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before MERRILL, BROWNING, and KILKENNY, Circuit Judges.


PER CURIAM:

Smith was convicted of violating 18 U.S.C. § 2312. He urges reversal on two grounds.

Smith first argues that certain statements which he made to a highway patrol officer should have been excluded because he was not given Miranda warnings prior to his interrogation. The officer stopped the car in which Smith was a passenger for a traffic violation. The officer first questioned the driver, then checked his story with Smith. We stated...

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