James W. Killough v. United States

WASHINGTON, Circuit Judge.

In Killough v. United States, 114 U.S.App.D.C. 305, 315 F.2d 241 (1962), a majority of this court en banc held that where a police officer procured illegally, in violation of Fed.R.Crim.P. 5(a), inadmissible oral and written confessions from Killough, it was error to admit at the trial Killough’s second confession to the same police officer made orally at the District of Columbia Jail because it was “the fruit” of the first confessions. We said, inter alia, 114 U.S.App.D.C. at 310, 315 F.2d at 246:

“ * * * the basis for our opinion is that the jail confession was the…