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Mallory v. United States, 354 U.S. 449 (1957)
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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.
Mallory v. United States, 354 U.S. 449 (1957)
Mallory v. United States No. 521 Argued April 1, 1957. Decided June 24, 1957 354 U.S. 449
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Syllabus
Petitioner was convicted in a Federal District Court of rape, and sentenced to death after a trial in which there was admitted in evidence a confession obtained under the following circumstances: he was arrested early in the afternoon, and was detained at police headquarters within the vicinity of numerous committing magistrates. He was not told of his right to counsel or to a preliminary examination before a magistrate, nor was he warned that he might keep silent and that any statement made by him might be used against him. Not until after petitioner had confessed, about 9:30 p.m., was an attempt made to take him before a committing magistrate, and he was not actually taken before a magistrate until the next morning.
Held: this was a violation of Rule 5(a) of the Federal Rules of Criminal Procedure, which requires that an arrested person be taken before a committing magistrate "without unnecessary delay," and the conviction is reversed. McNabb v. United States, 318 U.S. 332; Upshaw v. United States, 335 U.S. 410. Pp. 449-456.
98 U.S.App.D.C. 406, 236 F.2d 701, reversed and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Mallory v. United States, 354 U.S. 449 (1957) in 354 U.S. 449 Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=GXK9AQCMXGJYZZ3.
MLA: U.S. Supreme Court. "Syllabus." Mallory v. United States, 354 U.S. 449 (1957), in 354 U.S. 449, Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=GXK9AQCMXGJYZZ3.
Harvard: U.S. Supreme Court, 'Syllabus' in Mallory v. United States, 354 U.S. 449 (1957). cited in 1957, 354 U.S. 449. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=GXK9AQCMXGJYZZ3.
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