Roscoe Cook v. United States

Fifth Circuit

Roscoe Cook v. United States

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

Court of Appeals for the Fifth Circuit·Decided April 2, 1968·No. 24833_1·Published·Cited by 3 cases

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.

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

Pincite

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Opinion

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