Waverly Leroy Payne v. United States

WASHINGTON, Circuit Judge.

This is a grand larceny case, in which the central question is whether the rule in Mallory v. United States, 1957, 354 U.S. 449, 77 S.Ct. 1356, 1 L.Ed.2d 1479, requires reversal of the conviction.

I

The facts, briefly, are these: Appellant was apprehended on November 4, 1960, shortly before noon. The arresting officer later testified that he had been told by a person (described only as a “citizen”) that someone had tried to “flimflam” him. This was described as “where they use the old handkerchief trick and show you a roll of money and letter.” The complainant pointed…