Lonnie E. Johnson v. United States

Johnson was convicted of aiding and abetting one Lawrence in robbing four different national banks in the Los An-geles area. The robberies occurred on July 16, 18, and 22 and August 12, 1963. It was stipulated that Lawrence did rob the banks, but that no bank employee saw Johnson in any of the banks or on premises owned by any of the banks. The conviction rests solely on the testimony of two FBI agents and a Los Angeles police officer, who obtained confessions from Johnson.

Johnson was tried on July 14 and 15, 1964. Escobedo v. State of Illinois, 378 U.S. 478 , 84 S.Ct. 1758 , 12 L.Ed.2d 977 , was decided on June 22, 1964. Its holding is therefore applicable here. Johnson v. State of New Jersey, 1966, 384 U.S. 719, 721 , 86 S.Ct. 1772 , 16 L.Ed.2d 882 ; Jackson v. Denno, 378 U.S. 368 , 84 S.Ct. 1774 , 12 L.Ed.2d 908 , was also decided on June 22, 1964. Johnson now contends that under the rule in Jackson v. Denno the trial court should have held a hearing, not in the presence of the jury, and made a decision as to whether the confessions were obtained in violation of the rule in Escobedo .

The question is presented in this way: The first FBI agent to take the stand was Carl…