Frank A. Tate v. United States

BURGER, Circuit Judge.

Appellant was convicted under a two count indictment charging entering the District of Columbia General Hospital with intent to steal and theft of hospital property.1 He received concurrent sentences of 16 months to 4 years on each count. The only question presented here is whether it was error for the District Court to receive, in rebuttal, statements asserted to have been made by appellant to police in a period of alleged “unnecessary delay” between arrest and preliminary hearing in violation of Rule 5(a), Fed.R.Crim.P., 18 U.S.C.A.

The evidence showed that appellant…