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McNABB v. UNITED STATES

No. 9663.

142 F.2d 904 (1944)

McNABB et al. v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

June 2, 1944.

Attorney(s) appearing for the Case

E. B. Baker, of Chattanooga, Tenn. (E. B. Baker and Wilkes T. Thrasher, both of Chattanooga, Tenn., on the brief), for appellants.

O. T. Ault, of Chattanooga, Tenn. (James B. Frazier and O. T. Ault, both of Chattanooga, Tenn., on the brief), for appellee.

Before HICKS, SIMONS, and McALLISTER, Circuit Judges.

HICKS, Circuit Judge.

This is the second appearance of this case here. On the first appeal we sustained convictions of murder in the second degree. McNabb et al. v. United States, 6 Cir., 123 F.2d 848, 849. The Supreme Court reversed on the ground that confessions, upon which the convictions rested, were obtained by persistent questioning of the accused while they were in the custody of arresting...

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