McNabb v. United States

HICKS, Circuit Judge.

This is the second appearance of this case here. On the first appeal we sustained convictions of murder in the second degree. McNabb et al. v. United States, 6 Cir., 123 F.2d 848, 849. The Supreme Court reversed on the ground that confessions, upon which the convictions rested, were obtained by persistent questioning of the accused while they were in the custody of arresting officers and before any order of commitment had been made. McNabb et al. v. United States, 318 U.S. 332, 345, 63 S.Ct. 608, 87 L.Ed. 819.

The Supreme Court said:

“Congress has explicitly commanded that…