# Gladys M. Tillotson v. United States

> Court of Appeals for the D.C. Circuit · June 11, 1956 · 231 F.2d 736

URL: https://www.frixlaw.com/law-library/cases/9445026

## Case

- **Full name:** Gladys M. TILLOTSON, Appellant, v. UNITED STATES of America, Appellee
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** June 11, 1956
- **Citations:** 231 F.2d 736
- **Precedential status:** Published
- **Opinion:** Concurrence by Washington
- **Judges:** Edgerton, Washington, Danaher
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9445026

## Opinion text

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 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9445026. Public record. Not legal advice.