George E. Wise v. United States

LEVENTHAL, Circuit Judge:

This case is an appeal from a housebreaking conviction and involves the question whether a statement elicited from appellant by the police for purposes of identifying his voice was obtained in violation of his right under Rule 5(a), F.R.Crim.P., to be taken promptly before a commissioner, or of his constitutional right to counsel.

The basic background facts are substantially as follows: Mr. and Mrs. Ross came home on the evening of January 19, 1966, to find that their residence had been broken into and that the intruder was still about, upstairs. As Mrs. Ross, with…