Franklin Folger Scott v. United States, 392 F.2d 170 (5th Cir. 1968). · Go Syfert
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Franklin Folger Scott v. United States, 392 F.2d 170 (5th Cir. 1968). Cases Citing This Book View Copy Cite
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Franklin Folger SCOTT, Appellant,
v.
UNITED STATES of America, Appellee
25066.
Court of Appeals for the Fifth Circuit.
Apr 2, 1968.
392 F.2d 170
1968 U.S. App. LEXIS 7476
Thomas F. Walsh, Savannah, Ga., for appellant., Richard C. Chadwick, Bruce B. Greene, Asst. U. S. Attys., Savannah, Ga., for appellee.
Brown, Ainsworth, Godbold.
Published
PER CURIAM:

The appellant was tried and convicted before Miranda. Because of errors not here pertinent he was granted a new trial, which took place after Miranda. On the retrial his statement, which did not meet Miranda standards, was admitted into evidence. This Circuit is committed to the principle that in a retrial after Miranda, following a pre-Miranda trial, the standards of Miranda are applicable. Gibson v. U. S., 363 F.2d 146 (5th Cir. 1966).

Reversed and remanded.