United States v. Carignan (342 U.S. 36)
U.S. Supreme Court · decided November 13, 1951 · Supreme Court Database (Spaeth)
- Citation
- 342 U.S. 36 · 72 S. Ct. 97
- Decided
- November 13, 1951
- Term
- October Term 1951
- Vote
- 5–3
- Majority author
- Justice Reed
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Reed delivered the opinion of the'Court. Respondent Carignan was convicted in the District Court for the Territory of Alaska of first degree murder in attempting to. perpetrate a rape. Alaska Compiled Laws Annotated, 1949, § 65-4-1. He was sentenced to death. The conviction was reversed by the United States Court of Appeals for the Ninth Circuit. Carignan v. United States, 185 F. 2d 954. The sole ground of the reversal was the admission of a confession obtained in a manner held to be contrary to the principles expounded by this Court in McNabb v. United States, 318 U. S. 332, and Upshaw v. United States, 335 U. S. 410. The case is here on writ of certiorari granted on the petition of the Government. 341 U. S. 934. The question presented by the petition was whether it was error to admit at the trial respondent’s confession of the murder. The confession was held inadmissible because given before arrest, indictment, or commitment on the murder charge. The confession was given after respondent had been duly committed to jail, Rule 5, Federal Rules of Criminal Procedure, under a warrant which charged that he had, at a time six weeks after the murder, perpetrated an assault with intent to rape. Respondent advances three additional issues to support the reversal of the conviction besides the above point on detention. First. Error, it is argued, was committed by the trial…
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