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UNITED STATES v. McCARTHY

107 F.Supp. 149 (1952)

UNITED STATES v. McCARTHY.

United States District Court S. D. New York.

September 9, 1952.

Attorney(s) appearing for the Case

Myles J. Lane, New York City, for plaintiff.

Frank Roth, New York City, for defendant.

EDELSTEIN, District Judge.

The defendant has moved for an order suppressing a statement taken from the defendant, prior to arraignment, or in the alternative for an order directing that the statement is inadmissible evidence upon trial, on the ground that it was taken in violation of Rule 5(a), Fed.Rules Cr.Proc., Title 18 U.S.Code, as defined in McNabb v. United States, 318 U.S. 332, 63 S.Ct. 608, 87 L.Ed. 819.

The defendant...

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