U.S. Court of Appeals for the D.C. Circuit, 1963

Emanuel Pea v. United States

U.S. Court of Appeals for the D.C. Circuit · Decided November 5, 1963 · Edgerton, Danaher, McGowan

324 F.2d 442 (Federal Reporter, Second Series)

Counsel

Mr. Henry Lincoln Johnson, Jr., Washington, D. C. (appointed by the District Court), for appellant., Mr. Jerome Nelson, Atty., Dept, of Justice, with whom Mr. David C. Acheson, U. S. Atty., Frank Q. Nebeker and Joseph A. Lowther, Asst. U. S. Attys., were on the brief, for appellee.

Cases that cite this one

9 later published cases cite this decision.

Emanuel Pea, Jr. v. United States (D.C. Cir. 1968)
Nathaniel Clifton v. United States (D.C. Cir. 1967)
Charles M. Luck v. United States (D.C. Cir. 1965)
Maceo Hutcherson v. United States (D.C. Cir. 1965)
Jackson v. Denno (Supreme Court of the United States 1964)
Wells v. United States (D.C. 1979)
Hicks v. United States (D.C. 1976)
Benbow v. United States (D.C. 1967)
Commonwealth Ex Rel. Butler v. Rundle (Pa. 1965)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

The defendant appeals from a conviction of second degree murder and assault with a dangerous weapon. A detective questioned him and got a confession while he was under arrest and lying wounded in a hospital. In keeping with the spirit of Rule 5(b), F.R.Crim.P., we might have expected that the detective would have warned him of his right to remain silent. The record does not show whether the detective did so. It does not show that either the prosecution or the defense “sought to ventilate the is *443 sue.” In these circumstances we cannot reverse. Hawkins v. United States, 109 U.S.App.D.C. 338, 341-342, 288 F.2d 122, 125-126 (1960) (concurring opinion).

Affirmed.

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