Benjamin Franklin Toland v. United States

This is an appeal from a judgment sentencing appellant to a term of imprisonment following his conviction upon a charge of interstate transportation of a stolen motor vehicle ( 18 U.S.C. Sec. 2812). Appellant makes two points on this appeal. His assertion that the evidence was insufficient to support a conviction, cannot be sustained. It would serve no useful purpose for us to outline the proof made. We hold the evidence sufficient.

The other point made is based upon the admission of certain testimony by an arresting officer relating to a conversation with the accused as he was being booked at the county jail. Appellant asserts that this was evidence of an admission or confession made while he was in custody, and since the witness’s testimony admitted that he had not warned the accused that anything he said could be used against him, it was error to receive this evidence because of the rule announced in Escobedo v. State of Illinois, 378 U.S. 478 , 84 S.Ct. 1758 , 12 L.Ed.2d 977 . The testimony referred to was as follows:

Since Escobedo was decided June 22,1964, and appellant’s trial began October 30, 1964, he would be entitled to assert rights under that decision if he chose to…