J. Paul Shelton v. United States

TUTTLE, Circuit Judge.

Upon a motion for rehearing of the judgment of this Court1 entered on February 27, 1957, one judge dissenting, this Court determined to consider such motion en banc on the briefs and record with additional briefs requested and supplied by the parties.

The original opinion sufficiently sets out the facts except as to those matters which will be added here.

We conclude that the dissenting opinion correctly expressed the relevant definition of voluntariness2 which if applied to the facts of this case makes it necessary to affirm the decision of the trial court. All agree that…