concurring:
Despite the persuasive power of Judge Jones’ dissent, I concur in Judge Williams’ opinion. I place strong emphasis on the startling facts as stated in the Court’s conclusion.
If the use by the prosecution of the admission was error, it could not be harmless error. The government’s case was based mainly upon the admission which amounted to a confession.
Further, the actual circumstances leading to the admission were intensely coercive. I stress it was obtained at gunpoint by the police officer while the unarmed accused was lying on the ground suffering from a bullet wound. No warning at all of his rights had been given to him.