Fredricksen v. United States, 14851.
| Decision Date | 23 April 1959 |
| Docket Number | No. 14851.,14851. |
| Parties | Charles D. FREDRICKSEN, Appellant v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Mr. Nathan J. Paulson, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee. Mr. Walter J. Bonner, Asst. U. S. Atty., also entered an appearance for appellee.
Before WASHINGTON, BASTIAN and BURGER, Circuit Judges.
Appellant was arrested by agents of the Federal Bureau of Investigation at approximately 5:00 p. m. on March 18, 1957, in Silver Spring, Maryland. Although the agents did not actually possess an arrest warrant, they had knowledge that a warrant had been issued for appellant's arrest on January 14, 1957, on a robbery charge and was still outstanding. Appellant was turned over to the custody of a District of Columbia police officer at the Silver Spring police station at about 9:15 p. m. He waived extradition and was taken to police headquarters in Washington, arriving at about 11:00 p. m.
He was booked and questioned concerning the robbery specified in his arrest warrant and concerning another robbery. He denied involvement in any crime and declared that he would not talk until he saw his lawyer. This questioning took place between 11:30 p. m. and midnight.
At about 4:30 a. m. on March 19 appellant was brought into a lineup for identification. He looked at the other four men in the lineup and registered disgust, because, or so he later testified, he thought they were so much unlike him in appearance and size, that it rendered the lineup unfair. The police officer accompanying appellant told him that the lineup was made up of the only persons then available, i. e., "the best we could do," whereupon — according to the officer's testimony — appellant said, Appellant was identified at the lineup by three people who said he was involved in two separate armed robberies. The next morning at about 10:00 he was taken before a United States Commissioner and arraigned.
Appellant was tried and convicted on five counts of robbery involving two separate occurrences. He appeals from that conviction, citing as error the admission of police testimony concerning the statement he made...
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