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GALLEGOS V. NEBRASKA, 342 U. S. 55 (1951)

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U.S. Supreme Court

Gallegos v. Nebraska, 342 U.S. 55 (1951)

Gallegos v. Nebraska

No. 94

Argued October 8, 1951

Decided November 26, 1951

342 U.S. 55


Petitioner, a 38-year-old Mexican farm hand who can neither speak nor write English, was arrested, jailed, and questioned in Texas, and, after four days, during which he claims he was mistreated, he confessed to a homicide in Nebraska. Thereafter, he was taken to Nebraska, where he again confessed, although he makes no claim of mistreatment by the Nebraska authorities. Twenty-five days after his arrest and fourteen days after his arrival in Nebraska, he was brought before a magistrate for the first time, and he pleaded guilty. Two days later, before trial, counsel was appointed to defend him. At his trial in a state court, the two confessions and the plea were admitted in evidence over his objection, and he was convicted of manslaughter. The State Supreme Court affirmed.

Held: upon the record in this case, it cannot be said that the admission in evidence of the confessions and plea violated petitioner's rights under the Due Process Clause of the Fourteenth Amendment. Pp. 342 U. S. 56-68; 342 U. S. 68-73.

(a) The rule of McNabb v. United States, 318 U. S. 332, is not a limitation imposed by the Constitution, and is not applicable to trials of criminal cases in state courts. Pp. 342 U. S. 63-65; 342 U. S. 71-72.

(b) On the record in this case, it cannot be said that Nebraska violated the requirements of due process in this conviction. Pp. 342 U. S. 60-63, 342 U. S. 65-68; 342 U. S. 68-73.

152 Neb. 831, 43 N.W.2d 1, affirmed.

Petitioner's conviction in a state court of Nebraska for manslaughter, claimed to have been in violation of rights under the Fourteenth Amendment, was affirmed by the State Supreme Court. 152 Neb. 831, 43 N.W.2d 1. This Court granted certiorari. 341 U.S. 947. Affirmed, p. 342 U. S. 68. chanroblesvirtualawlibrary

Page 342 U. S. 56

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