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Evidence

Journal

Arraignment

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Evidence-Admissibility Of Confessions In Federal Courts Under The Mcnabb Rule, Harry T. Baumann S.Ed. Mar 1952

Evidence-Admissibility Of Confessions In Federal Courts Under The Mcnabb Rule, Harry T. Baumann S.Ed.

Michigan Law Review

Defendant, after proper arraignment on a charge of as· sault, was questioned intermittently about and confessed to a murder. This confession, introduced at the trial in the District Court of Alaska, was instrumental in convicting the defendant of the graver charge. The court of appeals reversed because of a failure to file the murder complaint within a reasonable time. On certiorari, held, the confession, made after proper detention on a lesser charge, was legal and admissible if given freely; but case affirmed as modified on other grounds. United States v. Carignan, 342 U.S. 36, 72 S.Ct. 97 (1951).


Evidence-Police Regulation By Rules Of Evidence-Results Of The Mcnabb Case, John B. Waite Apr 1944

Evidence-Police Regulation By Rules Of Evidence-Results Of The Mcnabb Case, John B. Waite

Michigan Law Review

In McNabb v. United States the Supreme Court promulgated novel judicial legislation, the gist of which is that confessions or admissions of crime made while the accused is in custody without having been brought before a magistrate as required by law are inadmissible in evidence. That judicial pronouncement assumed that the utterances were made without compulsion, and prohibited their use solely because at the time they were made the officers of justice were themselves disregarding the law-the procedural requirement that persons arrested be taken immediately before a magistrate. In Justice Frankfurter's phrase, "a conviction resting on evidence secured through such …