Legal Opinion

Paul W. Gatlin v. United States of America, Dennis O. Miller v. United States

Court of Appeals for the D.C. Circuit

Decided December 19, 1963No. 17728-17729_1PublishedCited by 101 opinions

1Opinion of the Court

J. SKELLY WRIGHT, Circuit Judge.

Appellants were named in an indictment charging two counts of robbery. 1 Gatlin was convicted of the first count 2 and acquitted of the second, 3 whereas Miller was acquitted of the first and convicted of the second. Thus all of the evidence concerning two robberies was before the jury which convicted each defendant of one robbery. We need not comment further on this joinder, 4 because the convictions must be reversed for a new trial because of police violations of the Fourth Amendment and Rule 5(a) of the Federal Rules of Criminal Procedure.

We treat first the…

Also in this document: Dissent.

2Cases cited25 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. Johnson v. United StatesSupreme Court of the United States · 1948
  3. Fahy v. ConnecticutSupreme Court of the United States · 1963
  4. Mallory v. United StatesSupreme Court of the United States · 1957
  5. Miller v. United StatesSupreme Court of the United States · 1958

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3Cited by101 opinions

  1. Sabbath v. United StatesSupreme Court of the United States · 1968
  2. Brown v. StateCourt of Criminal Appeals of Texas · 1972
  3. Bailey v. United StatesCourt of Appeals for the D.C. Circuit · 1967
  4. People v. BilderbachCalifornia Supreme Court · 1965
  5. State v. JacksonSupreme Court of New Jersey · 1964

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