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MCNABB – Appellant
Versus
U. S. , (1943) – Respondent


United States Supreme Court
MCNABB v. U.S., (1943)
No. 25
Argued: October 22, 1942 Decided: March 1, 1943

Rehearing Denied June 7, 1943. See 319 U.S. 784, 63 S.Ct. 1322, 87 L.Ed. --.

Mr. E. B. Baker, of Chattanooga, Tenn., for petitioners. [318 U.S. 332, 333] Mr. Asst. Atty. Gen. Wendell Berge, of Washington, D.C., for respondent.

Mr. Justice FRANKFURTER, delivered the opinion of the Court.

The petitioners are under sentence of imprisonment for forty-five years for the murder of an officer of the Alcohol Tax Unit of the Bureau of Internal Revenue engaged in the performance of his official duties. 18 U.S.C. 253, 18 U.S.C.A. 253. They were convicted of second-degree murder in the District Court for the Eastern District of Tennessee, and on appeal to the Circuit Court of Appeals for the Sixth Circuit the convictions were sustained. 123 F.2d 848. We brought the case here because the petition for certiorari presented serious questions in the administration of federal criminal justice. 316 U.S. 658, 62 S.Ct. 1305. Determination of these questions turns upon the circumstances relating to the admission in evidence of incriminating statements made by the petitioners.

On


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