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UPSHAW V. UNITED STATES, 335 U. S. 410 (1948)

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U.S. Supreme Court

Upshaw v. United States, 335 U.S. 410 (1948)

Upshaw v. United States

No. 98

Argued November 12, 1948

Decided December 13, 1948

335 U.S. 410


Arrested on suspicion without a warrant, petitioner confessed 30 hours later, while being held without having been taken before a committing magistrate as required by Rule 5(a) of the Federal Rules of Criminal Procedure. The only reason given by the arresting officer for the delay in his arraignment was that there was not enough evidence to hold him, and the police wished to question him further. At his trial in a federal court, the confession was admitted in evidence over his objection, and the jury found that it was voluntary.

Held: the confession was inadmissible, and a conviction based thereon is reversed. McNabb v. United States, 318 U. S. 332, followed. United States v. Mitchell, 322 U. S. 65, distinguished. Pp. 335 U. S. 410-414.

83 U.S.App.D.C. 207, 168 F.2d 167, reversed.

Petitioner was convicted of grand larceny in a federal district court. The Court of Appeals affirmed. 83 U.S.App.D.C. 207, 168 F.2d 167. This Court granted certiorari. 334 U.S. 842. Reversed, p. 335 U. S. 414.

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