(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 dictum1 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.