Roscoe Cook v. United States

Fifth Circuit

Roscoe Cook v. United States

392 F.2d 219, 1968 U.S. App. LEXIS 7478

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 2, 1968

Docket24833_1

StatusPublished

Cited by3 cases

This text of 392 F.2d 219 (Roscoe Cook v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Roscoe Cook v. United States, 392 F.2d 219, 1968 U.S. App. LEXIS 7478 (5th Cir. 1968).

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Opinion

PER CURIAM:

The appellant appeals from a conviction of mail theft. 18 U.S.C.A. § 1708. In a trial occurring after the date of Miranda the government introduced, over proper objection, a statement of the defendant taken under circumstances requiring a Miranda warning. The defendant had no counsel present, the record does not show that he waived right to counsel, and the appropriate warning was not given. Fendley v. United States, 384 F.2d 923 (5th Cir. 1967).

Reversed.

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PER CURIAM:

The appellant appeals from a conviction of mail theft. 18 U.S.C.A. § 1708. In a trial occurring after the date of Miranda the government introduced, over proper objection, a statement of the defendant taken under circumstances requiring a Miranda warning. The defendant had no counsel present, the record does not show that he waived right to counsel, and the appropriate warning was not given. Fendley v. United States, 384 F.2d 923 (5th Cir. 1967).

Reversed.

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Bluebook (online)

392 F.2d 219, 1968 U.S. App. LEXIS 7478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roscoe-cook-v-united-states-ca5-1968.

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