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Upshaw v. United States, 335 U.S. 410 (1948)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Upshaw v. United States, 335 U.S. 410 (1948)
Upshaw v. United States No. 98 Argued November 12, 1948 Decided December 13, 1948 335 U.S. 410
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Syllabus
Arrested on suspicion without a warrant, petitioner confessed 30 hours later, while being held without having been taken before a committing magistrate as required by Rule 5(a) of the Federal Rules of Criminal Procedure. The only reason given by the arresting officer for the delay in his arraignment was that there was not enough evidence to hold him, and the police wished to question him further. At his trial in a federal court, the confession was admitted in evidence over his objection, and the jury found that it was voluntary.
Held: the confession was inadmissible, and a conviction based thereon is reversed. McNabb v. United States, 318 U.S. 332, followed. United States v. Mitchell, 322 U.S. 65, distinguished. Pp. 410-414.
83 U.S.App.D.C. 207, 168 F.2d 167, reversed.
Petitioner was convicted of grand larceny in a federal district court. The Court of Appeals affirmed. 83 U.S.App.D.C. 207, 168 F.2d 167. This Court granted certiorari. 334 U.S. 842. Reversed, p. 414.
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Chicago: U.S. Supreme Court, "Syllabus," Upshaw v. United States, 335 U.S. 410 (1948) in 335 U.S. 410 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=2TG2AAWQQF7C6D5.
MLA: U.S. Supreme Court. "Syllabus." Upshaw v. United States, 335 U.S. 410 (1948), in 335 U.S. 410, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=2TG2AAWQQF7C6D5.
Harvard: U.S. Supreme Court, 'Syllabus' in Upshaw v. United States, 335 U.S. 410 (1948). cited in 1948, 335 U.S. 410. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=2TG2AAWQQF7C6D5.
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