Otis Sutton v. United States

SOBELOFF, Chief Judge.

Convicted under an indictment charging in four counts the operation of an illicit still and related offenses, Otis Sutton on this appeal raises two points. The first is that the arresting officers detained him for an unreasonable length of time before taking him to the United States Commissioner, in violation of Rule 5(a) of the Federal Rules of Criminal Procedure, 18 U.S.C.A. See Title 18, Sec. 3771. The second ground of appeal relates to the Court’s instruction to the jury.

Sutton was arrested about 10:30 in the morning, was handcuffed and detained in a chicken house,…