Stanley Francis Silva v. United States
394 F.2d 3·1968 U.S. App. LEXIS 7301
United States Court of Appeals for the Ninth CircuitApril 16, 196821978_1California83 words
Opinion
The defendant’s in-custody confession was inadmissible for lack of a Miranda- type warning, inasmuch as his trial was commenced post -Miranda. Miranda v. State of Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966).
The judgment of conviction is reversed and the case remanded for a new trial. Johnson v. State of New Jersey, 384 U.S. 719 , 721, 86 S.Ct. 1772 , 16 L.Ed.2d 882 (1966). Cf. Groshart v. United States, 392 F.2d 172 , (9th Cir. 1968).