United States v. William Green Jackson

Jackson was convicted by a jury on a charge of stealing property of the United States in violation of 18 U.S.C. § 641 . He presents two questions that merit discussion.

1. Validity of the confession.

Jackson contends that his confession, obtained in the absence of counsel, should have been excluded at trial. At the hearing to determine voluntariness Jackson testified that immediately before making the incriminating statements he was fully warned of his rights, including the right to appointed counsel and the right to remain silent, and that he read and signed a waiver of those rights. He does not contend that the waiver was not free and intelligent. At no time did he request appointment of counsel. Under similar circumstances we have held the waiver effective and the ensuing confession voluntary. See Little v. United States, 9 Cir., 1969, 417 F.2d 912 ; United States v. Dowells, 9 Cir., 1969, 415 F.2d 801 ; Reinke v. United States, 9 Cir., 1968, 405 F.2d 228 ; Coughlan v. United States, 9 Cir., 1968, 391 F.2d 371 .

Jackson argues that because on prior occasions he had refused to make any statements to FBI agents until he had consulted his lawyer, he should not have been…