143 F.2d 140 | D.C. Cir. | 1944
The appeal in this case involves two contentions which may be disposed of in a few words. Appellant was indicted and convicted of robbery. He was arrested at two o’clock in the morning of April 6, 1943. In the trial the police Sergeant who had ordered a “look out” for appellant and his arrést, testified that he had questioned appellant at Police Headquarters at noon of the day of his arrest and before his arraignment, and that appellant had denied having any connection with the robbery, but had admitted being in the company of two other men charged with the same offence shortly before and shortly after the robbery. One of these men had been tried and pleaded guilty. Appellant was arraigned the following morning at ten o’clock.
It was insisted at the argument that the admission into evidence of the statements made by the appellant to the police ¿officer prior to arraignment was contrary to the rule announced by the. Supreme Court in the McNabb case.
In the subsequent case of United States v. Mitchell, 64 S.Ct. 896, the Supreme Court explained that the rule in the Mc-Nabb case did not render inadmissible a voluntary confession obtained during an illegal detention, provided it was not induced by the illegal detention. In this case there was no confession and appellant’s admissions made to the officer, even if they be considered damaging, are not claimed to have been coerced. Appellant’s conviction was due to the spontaneous identification of him by his victim.
The second point is that when appellant’s witness, Costello, who had previously pleaded guilty, was asked on cross-examination when he had first known appellant, he replied “Two years ago in Lorton.” Counsel says the jury could not, as the result of this testimony, escape know
Affirmed.
McNabb v. United States, 318 U.S. 332, 63 S.Ct. 608, 87 L.Ed. 819.
Mr. Goff, who represents appellant on this appeal, was not counsel at the trial.