Fikes v. Alabama

Defendant's conviction of burglary with intent to commit rape, with death sentence, was affirmed by the Supreme Court of Alabama, 263 Ala. 89, 81 So.2d 303, and defendant brought certiorari. The Supreme Court, Mr. Chief Justice Warren, held that under the circumstances, including failure to take defendant before a magistrate as required by Alabama statute, and his incarceration in isolation for a week of questioning, confessions thus obtained were not voluntary and their use was a denial of due process, notwithstanding absence of physical brutality and long continued interrogation.

Mr. Jack Greenberg, New York City, for petitioner.

Mr. Robert Straub, for respondent.

Mr. Chief Justice WARREN delivered the opinion of the Court.