Patterson v. United States

HUTCHESON, Chief Judge.

When appellant was here before, 1 we reserved judgment on the error assigned there, and reassigned here, that his written confession was obtained in violation of Rule 5(a) Rules of Criminal Procedure, 18 U.S.C.A., and was therefore, inadmissible.

Pointing to the absence of testimony as to the availability of a committing magistrate and holding that, the prosecution having made a prima facie case showing that the confession was voluntary, the defendant carried the burden of proving that Rule 5(a) was violated, we reversed for errors in' the charge and for the reasons…