The opinion
WASHINGTON, Circuit Judge
(concurring in the result).
I agree that there was no error affecting substantial rights, and that the judgment must be affirmed. As to the admissibility of the appellant’s confession, I think it is enough for the purposes of this case to conclude (as I do) that there was no unreasonable delay in taking appellant before a magistrate, and no coercion. In my view there is no need to consider here whether the Upshaw case should be carried to the full extent of its dictum 1 or be regarded as limited to its facts. Clearly, lack of coercion alone — or lack of illegal detention alone — does not render a confession admissible. But where there is neither coercion nor illegal detention, and no suggestion of inducement through promises, the confession should be admitted. I think that is this case.
EDGERTON, Chief Judge, dissents.
. “ # * * a confession is inadmissible if made during illegal detention due to failure promptly to carry a prisoner before a committing magistrate * * Upshaw v. United States, 1948, 335 U.S. 410, 413 , 69 S.Ct. 170, 172 , 93 L.Ed. 100 , quoted in United States v. Carignan, 1951, 342 U.S. 36 at page 43, 72 S.Ct. 97 , at page 101, 96 L.Ed. 48 .