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409 S.W.2d 850

Grayson v. State

Court of Criminal Appeals of Texas

Decided December 31, 1966

Court of Criminal Appeals of Texas · decided 1966-12-31

Cited by 1 later decisions — most recently April 1975

1 state decisions

Relies on Lopez v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1966-12-31

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¶1OPINION ON APPELLANT’S MOTION FOR REHEARING

MORRISON, Presiding Judge.

¶2Upon consideration of appellant’s motion for rehearing the original opinions are withdrawn and the following substituted in lieu thereof.

¶3The offense is burglary; the punishment, ten years.

¶4Trial was had and notice of appeal was given on February 16, 1966. Appellant first contends that his written confession which was witnessed by Justice of the Peace Roberts was not admissible, because it was not also witnessed by someone other than a peace officer as is required by Sec. 3 of Article 38.22(a), Vernon’s Ann.C.C.P. (1965). Such section deals with oral confessions and needs not be considered here.

¶5He further contends that the trial court’s resolution of disputed facts was not ■sufficient under our holding in Lopez v. State, Tex.Cr.App., 384 S.W.2d 345. His findings contained the recitation that appellant was not refused the assistance of counsel and that he freely and voluntarily made the statement. We deem these findings sufficient.

¶6The judgment is affirmed and appellant’s motion for rehearing is overruled.

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