Estes F. Bright v. United States

JOHNSEN, Chief Judge.

The McNabb case (McNabb v. United States), 318 U.S. 332, 63 S.Ct. 608, 87 L.Ed. 819, held that incriminating statements elicited from one in custody, during unnecessary delay in taking him before a United States Commissioner, may not be received as evidence to convict.

This represents a procedural prescription laid down by the Supreme Court, under its “supervisory authority over the administration of criminal justice in the federal courts” (318 U.S. at page 341, 63 S.Ct. at page 613), and is without relation to whether the circumstances of obtaining the statement may make…