Pierce v. United States

WILBUR K. MILLER, Circuit Judge.

The question here is whether the McNabb ruling1 requires us to set aside appellant’s conviction of robbery because his confession, made while he was in custody and before he was presented to a committing magistrate, was admitted in evidence against him.

The facts are these: About 2:00 a. m. on February 1, 1951, William F. Jordan was the sole attendant on duty at a gasoline filling station. The appellant and one Francis Taylor walked in and asked him to change a dime so they could buy peanuts and coca-cola. Having obtained the change and made the purchases, they…