Emanuel Pea v. United States
This text of 324 F.2d 442 (Emanuel Pea v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The defendant appeals from a conviction of second degree murder and assault with a dangerous weapon. A detective questioned him and got a confession while he was under arrest and lying wounded in a hospital. In keeping with the spirit of Rule 5(b), F.R.Crim.P., we might have expected that the detective would have warned him of his right to remain silent. The record does not show whether the detective did so. It does not show that either the prosecution or the defense “sought to ventilate the is *443 sue.” In these circumstances we cannot reverse. Hawkins v. United States, 109 U.S.App.D.C. 338, 341-342, 288 F.2d 122, 125-126 (1960) (concurring opinion).
Affirmed.
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324 F.2d 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emanuel-pea-v-united-states-cadc-1963.