David Matthew Lathers v. United States

396 F.2d 524

David Matthew LATHERS, Appellant,

v.

UNITED STATES of America, Appellee.

No. 24226.

United States Court of Appeals Fifth Circuit.

May 23, 1968.

William Liston, Winona, Miss., for appellant.

Robert E. Hauberg, U.S. Atty., E. Donald Strange, Asst. U.S. Atty., Jackson, Miss., for appellee.

Before RIVES, GOLDBERG and AINSWORTH, Circuit Judges.

GOLDBERG, Circuit Judge:

1

We consider both the legality of an arrest without a warrant and the Miranda caveats, and, while finding no cause to impeach the arrest, we are convinced that Miranda precepts were traduced.

2

David Matthew Lathers, a resident of…