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Narro v. United States

Document Cited authorities 1 Cited in 73 Precedent Map Related
Decision Date15 December 1966
Docket NumberNo. 23321.,23321.
Citation370 F.2d 329
PartiesGloria Jean NARRO, Appellant, v. UNITED STATES of America, Appellee.
CourtU.S. Court of Appeals — Fifth Circuit

370 F.2d 329 (1966)

Gloria Jean NARRO, Appellant, v. UNITED STATES of America, Appellee.

No. 23321.

United States Court of Appeals Fifth Circuit.

December 15, 1966.

James R. Gillespie, San Antonio, Tex., for appellant.

Andrew L. Jefferson, Jr., Reese L. Harrison, Jr., Asst. U. S. Attys., San Antonio, Tex., for appellee.

Before TUTTLE, Chief Judge, and AINSWORTH and DYER, Circuit Judges.

PER CURIAM:

Appellant was tried without a jury on a two-count indictment charging her with stealing an unemployment compensation check from an authorized mail depository, and thereafter knowingly possessing same. She was convicted on both counts and sentenced to serve a two or three year indeterminate sentence on each, to run concurrently.

The sole question presented by this appeal relates to the admissibility of a confession signed by appellant. There is no question but that appellant was fully and completely informed of her rights to remain silent and to have counsel, and warned that her statements could be used against her. Both the postal inspector who brought her in for questioning and the United States Commissioner before whom she appeared advised her fully and completely with respect to them. Neither is any question of coercive physical or mental abuse presented. Appellant's claim is that her confession is inadmissible simply because she informed the Commissioner that either her mother or her father would get an attorney for her (R. 75), but then decided to make a confession immediately...

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  • Bramlett v. Peterson
    • United States
    • U.S. District Court — Middle District of Florida
    • December 8, 1969
    ...to waive intelligently his right to counsel, Gilpin v. United States, 415 F.2d 638 (5th Cir., filed Sept. 9, 1969); Narro v. United States, 370 F.2d 329 (5th Cir. 1966), cert. denied, 387 U.S. 946, 87 S. Ct. 2081, 18 L.Ed.2d 1334 (1967), but that waiver must be constitutionally sound. The f......
  • Perryman v. State
    • United States
    • Texas Court of Criminal Appeals
    • September 16, 1971
    ...See Adams v. United States ex rel. McCann, 317 U.S. 269, 63 S.Ct. 236, 87 L.Ed.2d 268; Johnson v. Zerbst, supra; Narro v. United States (5th Cir.) 1966, 370 F.2d 329, cert. denied, 1967; United States v. Hayes (4th Cir.) 385 F.2d In United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.E......
  • Anders v. State
    • United States
    • Texas Court of Criminal Appeals
    • September 23, 1969
    ...an affirmative waiver must depend upon the particular facts and circumstances of each case. Johnson v. Zerbst, supra; Narro v. United States, 370 F.2d 329--330 (5th Cir.); United States v. Hayes, 385 F.2d 375 (4th Cir.); McCandless v. State, supra. Most important here, however, despite some......
  • Pettyjohn v. United States
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • May 16, 1969
    ...States v. Hayes, 385 F.2d 375, 377 (4th Cir. 1967), cert. denied 390 U.S. 1006, 88 S.Ct. 1250, 20 L.Ed.2d 106 (1968); Narro v. United States, 370 F. 2d 329 (5th Cir. 1966), cert. denied 387 U.S. 946, 87 S.Ct. 2081, 18 L.Ed.2d 1334 There was little contest at the hearing specifically on the ......
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