(concurring) :
I think this case is not without difficulty. It was, however, established at the suppression hearing that appellant was advised of his rights — to remain silent, and to have counsel assigned before making any statement — not only by the police in Raleigh, N.C., who arrested him, but also by a magistrate in Raleigh. The rights were reiterated by the District police officers, Detectives Manning and Girault, who were in plain clothes, and who interviewed him after he waived extradition. Detective William Manning, who conducted most of the interview, testified that defendant “said that he didn’t know whether he should wait until he had an attorney.” “He said that he didn’t know whether he should get an attorney there in Raleigh or wait until he came back to Washington, D. C.” Detective Manning replied that this was his prerogative, and “If he wanted a lawyer, we would try to get a lawyer.” Defendant inquired how soon it would be before he got back to D. C. Detective Manning couldn’t say. (H. 67). Detective Manning told defendant the police had obtained statements from three others, and defendant “seemed apprehensive at that point.” Detective Manning showed defendant the title page and signatures, (but not the contents) of the three statements, then read him the arrest warrant, and: “At that time, he told us he wanted to tell us what he knew about it.” (H. 61). The statement was taken down at a typewriter in question and answer form.
Detective Manning was asked, on cross-examination:
“Q. Did he ever ask at any time that anyone present provide him with an attorney.
A. No he did not.” (H. 67).
After Detective Jack Girault was questioned by the prosecutor as to the statement, and defendant’s corrections thereon, the Court asked (Tr. 72):
THE COURT: Officer, during the entire time that he was there, after he was brought up from the jail, what if anything did this man say about a lawyer ?
THE WITNESS: He at one time stated something about he didn’t know whether he should get a lawyer down there in North Carolina or wait until he came back to the District. We advised him that we couldn’t make the decision for him, that he would have to make the decision as to whether he wanted a lawyer there or here himself. If he wanted one there, we would make arrangements to get one for him.
THE COURT: And I take it he never asked for a lawyer ?
THE WITNESS: Not after that, not after making that initial statement of whether he should get one there or up here, no sir.
A fair reading of this testimony reveals that this is a case where in the *410first instance defendant did make known his desire to consult an attorney — the only question being where, in Raleigh or Washington. Then Detective Manning moved forward with the information about the confessions of the others, showed their signatures, and read the arrest warrant. As the Government brief says: “The turning point apparently came when appellant saw the other confessions.” (Typed Br. 6).
In Miranda, the Supreme Court says that unless other fully effective means are devised to inform accused persons of their right to silence, the law enforcement officers prior to questioning must advise him of his rights to remain silent and to the presence of an attorney. The defendant may make a voluntary, intelligent and knowing waiver of his rights. “If, however, he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking there can be no questioning.”
Since defendant did indicate he wanted an attorney, one place or the other, was he also required to say expressly he wanted an attorney before speaking in Raleigh? Under Miranda a man who says he wants an attorney can’t be questioned. I have some difficulty with pursuing a man who says he wants an attorney through the means of advising him of the confessions of others, in the hope that he might be led, as he was in this case, to say he wanted to tell what he knew, and respond to questions.
In this case what leads me in the last analysis to concur in the result is the fact that defendant had been advised of his right to counsel not only by a law enforcement officer, but also by a judicial officer. In the context of a judicial warning, and defendant’s background and experience, I think the facts sufficiently establish a voluntary, knowing, and intelligent waiver of his rights. And I have no doubt that the confession was voluntary.