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Morgan v. United States

United States Court of Appeals, Fifth Circuit
Dec 2, 1968
405 F.2d 497 (5th Cir. 1968)

Opinion

No. 26211.

December 2, 1968.

Sherwin P. Simmons, Tampa, Fla., for appellant.

Edward F. Boardman, U.S. Atty., Robert B. McGowan, Robert H. MacKenzie, Asst. U.S. Attys., Tampa, Fla., for appellee.

Before TUTTLE and AINSWORTH, Circuit Judges, and MITCHELL, District Judge.


We conclude that there was ample evidence to corroborate the inculpatory statement made by the accused in this Dyer Act conviction to warrant submission of the case to the jury. Concededly, the Miranda warning was given. We cannot, at this appellate level, consider the appellant's contention that there should have been an affirmative determination that the accused fully understood the warning before the statement could be used against him. The law does not place any such burden on the government.

The judgment is affirmed.


Summaries of

Morgan v. United States

United States Court of Appeals, Fifth Circuit
Dec 2, 1968
405 F.2d 497 (5th Cir. 1968)
Case details for

Morgan v. United States

Case Details

Full title:Joseph William MORGAN, a/k/a Lester Carter, a/k/a Edward James Johnson…

Court:United States Court of Appeals, Fifth Circuit

Date published: Dec 2, 1968

Citations

405 F.2d 497 (5th Cir. 1968)

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The law does not place any such burden on the government." Morgan v. United States, 405 F.2d 497 (5 Cir.…