U.S. Court of Appeals for the Fifth Circuit, 1968

Roscoe Cook v. United States

Roscoe Cook v. United States
U.S. Court of Appeals for the Fifth Circuit · Decided April 2, 1968 · Godbold, Simpson, McRae
392 F.2d 219; 1968 U.S. App. LEXIS 7478 (Federal Reporter, Second Series)

Roscoe Cook v. United States

Opinion

PER CURIAM:

The appellant appeals from a conviction of mail theft. 18 U.S.C.A. § 1708. In a trial occurring after the date of Miranda the government introduced, over proper objection, a statement of the defendant taken under circumstances requiring a Miranda warning. The defendant had no counsel present, the record does not show that he waived right to counsel, and the appropriate warning was not given. Fendley v. United States, 384 F.2d 923 (5th Cir. 1967).

Reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.