UNITED STATES v. SUMLIN

No. 77-5076.

567 F.2d 684 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Carl Will SUMLIN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 14, 1977.


Attorney(s) appearing for the Case

H. Wallace Parker, Bloomfield Hills, Mich. (Court-appointed), for defendant-appellant.

Carl Will Sumlin, pro se.

Philip M. Van Dam, U. S. Atty., Christopher Andreoff, Detroit, Mich., for plaintiff-appellee.

Before CELEBREZZE and PECK, Circuit Judges, and WALINSKI, District Judge.


CELEBREZZE, Circuit Judge.

Appellant, Carl Will Sumlin, was found guilty by a jury of armed bank robbery, in violation of 18 U.S.C. § 2113(a)(d). He raises two principal issues on appeal. First, can a search and seizure pass constitutional muster when an otherwise valid third-person consent to the search was preceded by a refusal to such consent by the defendant? Second, was use at trial of Appellant's incriminating statements precluded because he allegedly received...

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