Walton v. United States, No. 7589
| Court | United States Courts of Appeals. United States Court of Appeals (10th Circuit) |
| Writing for the Court | MURRAH, , and PICKETT and LEWIS, Circuit |
| Citation | 334 F.2d 343 |
| Parties | Ernest Robert WALTON, Appellant, v. UNITED STATES of America, Appellee. Elizabeth P. COMLEY, Appellant, v. UNITED STATES of America, Appellee. Kenneth Eddie CHOW, Appellant, v. UNITED STATES of America, Appellee. |
| Docket Number | 7627.,No. 7589,7590 |
| Decision Date | 16 July 1964 |
334 F.2d 343 (1964)
Ernest Robert WALTON, Appellant,
v.
UNITED STATES of America, Appellee.
Elizabeth P. COMLEY, Appellant,
v.
UNITED STATES of America, Appellee.
Kenneth Eddie CHOW, Appellant,
v.
UNITED STATES of America, Appellee.
Nos. 7589, 7590, 7627.
United States Court of Appeals Tenth Circuit.
July 16, 1964.
John J. Mullins, Jr., Denver, Colo., for appellant Ernest Robert Walton.
L. Richard Freese, Jr., Denver, Colo., for appellant Elizabeth P. Comley.
Edward C. Eppich, Denver, Colo., for appellant Kenneth Eddie Chow.
Benjamin E. Franklin, Asst. U. S. Atty., Topeka, Kan. (Newell A. George, U. S. Atty., Topeka, Kan., with him on the brief), for appellee.
Before MURRAH, Chief Judge, and PICKETT and LEWIS, Circuit Judges.
PICKETT, Circuit Judge.
The appellants were charged jointly with bank robbery and conspiracy in a 2-count indictment returned in the United States District Court for the District of Kansas. They were convicted on both counts and these appeals are from the judgment and sentence imposed following conviction. Three days after the robbery Walton was questioned by Kansas law enforcement officers and agents of the F. B. I. He admitted that he participated in the robbery, and his confession implicated Comley and Chow. These consolidated appeals present two important questions: (1) whether Walton's confession was inadmissible in evidence because he was not taken before a committing magistrate without unnecessary delay after his arrest, as required by Rule 5(a), F.R.Cr.P., and (2) whether the court erred in not granting motions of Comley and Chow for separate trials in view of Walton's confession.
On Friday, January 4, 1963, the Rosedale State Bank at Kansas City, Kansas
The record does not disclose the extent of the questioning of Walton and Nunn at this time, but there was intermittant questioning of both. Sometime before 2 P.M., Nunn advised the officers that he and Walton had driven to Kansas City, Kansas in his (Nunn's) car. He stated that the automobile was parked near the county courthouse and agreed to take the officers there and gave his consent that it be searched. The plastic bag containing approximately $5,000 was found in the car. The witnesses agreed that the trip to Nunn's car and return to police headquarters took approximately one hour.2 Upon their return shortly before 3 P.M., Walton was sitting alone in a room at headquarters. F. B. I. Agent Thomas showed him the money which had been taken from Nunn's car, and Walton responded that it was his share from the Rosedale bank robbery. Up to this time the officers had no cause to arrest Walton, and the evidence is undisputed that he was not under arrest and was free to leave headquarters if he desired. Upon making the admission about the money found in Nunn's car, Walton, after being fully advised as to his right to counsel and that any statement made by him could be used against him, continued immediately to make a clean breast of the entire affair by narrating to F. B. I. Agent Hansen the planning of the robbery by the three participants, the actual robbery, and the division of the money. This narration was completed sometime between 4 and 5 P.M. During this time a United States Commissioner was available before whom Walton could have been taken, but instead, the officers, with Walton's assistance, took time to prepare a typewritten statement of what he had told them. This statement was completed sometime after 6 P.M. The United States Commissioner was not then available until the following day at 1:30 P.M., when Walton was charged and arraigned. When the confession was offered in evidence an objection to its admission was made on the ground that Walton had not been taken before a committing magistrate without unnecessary delay after his arrest. After a hearing out of the presence of the jury, the court overruled the objection.
Rule 5(a), F.R.Cr.P., provides that an officer making an arrest under a warrant or without a warrant shall take
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Tillman v. United States, No. 25381.
...States, 8 Cir., 1967, 379 F.2d 501, 506; United States v. Sopher, 7 Cir., 1966, 362 F.2d 523; Walton v. United States, 10 Cir., 1964, 334 F.2d 343; Blachly v. United States, 5 Cir., 1967, 380 F.2d 665, 674-675 (Brown, J.); Sullins v. United States, 10 Cir., 1968, 389 F.2d 985, 989; Loux v. ......
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U.S. v. Corley, No. 04-4716.
...975 F.2d 1396, 1398 (9th Cir.1992), rev'd on other grounds, 511 U.S. 350, 114 S.Ct. 1599, 128 L.Ed.2d 319 (1994); Walton v. United States, 334 F.2d 343, 346 (10th Cir.1964) ("Each case must be determined on its own facts[,] . . . [b]ut if the delay in taking an arrested person before a comm......
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Fuller v. United States, No. 19532.
...the woman on the street" — the police were not required to interrupt it and comply with Rule 5(a),4 citing Walton v. United States, 334 F.2d 343 (10th Cir.), cert. denied, 379 U.S. 991, 85 S.Ct. 706, 13 L.Ed.2d 612, which in turn cites United States v. Mitchell, 322 U.S. 65, 64 S.Ct. 896, 8......
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Richmond v. State, No. 4544
...extracting evidence from him nor was Richmond. Such a threshold confession is admissible. In Walton v. United States, 10 Cir. 1964, 334 F.2d 343, cert. den. 379 U.S. 991, 85 S.Ct. 706, 13 L.Ed.2d 612, a defendant, when confronted with stolen bank money, started to tell the story and there w......
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Tillman v. United States, 25381.
...States, 8 Cir., 1967, 379 F.2d 501, 506; United States v. Sopher, 7 Cir., 1966, 362 F.2d 523; Walton v. United States, 10 Cir., 1964, 334 F.2d 343; Blachly v. United States, 5 Cir., 1967, 380 F.2d 665, 674-675 (Brown, J.); Sullins v. United States, 10 Cir., 1968, 389 F.2d 985, 989; Loux v. ......
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Richmond v. State, 4544
...extracting evidence from him nor was Richmond. Such a threshold confession is admissible. In Walton v. United States, 10 Cir. 1964, 334 F.2d 343, cert. den. 379 U.S. 991, 85 S.Ct. 706, 13 L.Ed.2d 612, a defendant, when confronted with stolen bank money, started to tell the story and there w......
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Fuller v. United States, 19532.
...the woman on the street" — the police were not required to interrupt it and comply with Rule 5(a),4 citing Walton v. United States, 334 F.2d 343 (10th Cir.), cert. denied, 379 U.S. 991, 85 S.Ct. 706, 13 L.Ed.2d 612, which in turn cites United States v. Mitchell, 322 U.S. 65, 64 S.Ct. 896, 8......
-
U.S. v. Corley, 04-4716.
...975 F.2d 1396, 1398 (9th Cir.1992), rev'd on other grounds, 511 U.S. 350, 114 S.Ct. 1599, 128 L.Ed.2d 319 (1994); Walton v. United States, 334 F.2d 343, 346 (10th Cir.1964) ("Each case must be determined on its own facts[,] . . . [b]ut if the delay in taking an arrested person before a comm......