Evidence-Confessions-Admissiblity of a Subsequent Confession Under the McNabb-Mallory Doctrine

Defendant was indicted for first degree murder and convicted of manslaughter in the Federal District Court for the District of Columbia. Defendant had willingly directed the police to the victim\u27s body and voluntarily signed a written confession during a period of thirty-four hours detention prior to arraignment. At the arraignment defendant was informed of his rights and indicated that he was aware of them; in addition, the preliminary hearing was postponed in order to provide him opportunity to obtain counsel. Twenty hours after his arraignment the defendant once again voluntarily confessed while giving a police officer instructions as to the disposition of the victim\u27s body. At the trial the first confession was excluded because it was made during a period of illegal detention; however, the second confession was admitted as evidence upon a finding by the judge that it was voluntary and independent of the first one. On appeal, held, reversed and remanded for a new trial. A subsequent confession, obtained soon after the rendition of an inadmissible confession, and before the defendant has the aid of counsel, is inadmissible. Killough v. United States, 315 F.2d 241 (D.C. Cir. 1962)