ROSCOE COOK, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE

5th Cir. | 1968-04-02
No. 24833
392 F.2d 219 Court of Appeals for the Fifth Circuit (1968) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM:

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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