U.S. Supreme Court
Mallory v. United States, 354 U.S. 449 (1957)
Mallory v. United States
Argued April 1, 1957.
Decided June 24, 1957
354 U.S. 449
Petitioner was convicted in a Federal District Court of rape, and sentenced to death after a trial in which there was admitted in evidence a confession obtained under the following circumstances: he was arrested early in the afternoon, and was detained at police headquarters within the vicinity of numerous committing magistrates. He was not told of his right to counsel or to a preliminary examination before a magistrate, nor was he warned that he might keep silent and that any statement made by him might be used against him. Not until after petitioner had confessed, about 9:30 p.m., was an attempt made to take him before a committing magistrate, and he was not actually taken before a magistrate until the next morning.
Held: this was a violation of Rule 5(a) of the Federal Rules of Criminal Procedure, which requires that an arrested person be taken before a committing magistrate "without unnecessary delay," and the conviction is reversed. McNabb v. United States, 318 U. S. 332; Upshaw v. United States, 335 U. S. 410. Pp. 354 U. S. 449-456.
98 U.S.App.D.C. 406, 236 F.2d 701, reversed and remanded.