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Supreme Court — Part 7

107 pages · May 11, 2026 · Document date: Feb 22, 1937 · Broad topic: General · Topic: Supreme Court · 106 pages OCR'd
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v an oa 2 = 7 ae 1 a wml + a 4 om * i > — ' 6. If a defendant is arrested on a Saturday afternoon or Saturday evening, obviously it is sufficient caupliance with the requirement to bring him before a cormissioner on Nonday morning. If a person is arrested on the afternoon or evening of any other day of the week, it would be suffi- cient to bring him before a commissioner on the morning following his arrest. If a person is arrested early in the morning, he would have a right to be brought before a com- missioner the same day, unless the arrest takes place at some point thet is far dietant from the nearest magistrate or for some other reason no magistrate is availeble thet day. An additional question propounded to me by Mr. Munford was whether a prisoner could waive the right to be brought before a commissioner and whether under such circumstances a confessicn made by him would be admissible in evidence. in my opinion this question should be answered in the affirme- tive. Every constitutional and legal right may be waived by the person to whom such right is accorded. For example, the Supreme Court has held that a defendant in a criminel case may waive the right of counsel; thet he may waive the right to a trial by jury; that he may waive the privilege against self-incrimination; that he may waive the privilege against an unreasonable search and seizure, etc. It would
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