Legal Opinion

Roscoe Cook v. United States

Court of Appeals for the Fifth Circuit

Decided April 2, 1968No. 24833_1PublishedCited by 3 opinions

1Per 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.

2Cases cited1 opinion

  1. William C. Fendley, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1967

3Cited by3 opinions

  1. United States v. Roscoe CookCourt of Appeals for the Fifth Circuit · 1969
  2. United States v. Bernard StewartCourt of Appeals for the Fifth Circuit · 1978
  3. United States v. DickersonDistrict Court, N.D. Illinois · 1968