McCraw v. State
McCraw v. State
Opinion of the Court
The offense is burglary. The punishment assessed is confinement in the state penitentiary for a period of two years.
The record reflects that on the night of December 14th, 1945, someone broke into the Muleshoe Elevator located in Bailey County and took therefrom a saddle and bridle. Appellant was subsequently arrested, and while under arrest, he made a voluntary confession in which he admitted that he broke into the building on the night in question; that he took the saddle and bridle; carried it to Roswell, New Mexico, where he sold them to Carl Johnson, a second-hand dealer. The saddle in question belonged to W. D. Moore, the manager of the Muleshoe Elevator Company, who testified that the appellant had subsequently paid him for the saddle.
The appellant did not introduce any evidence which raised the issue that the statement had been obtained from him by any promise of leniency, threats, coercion, or force. The fact that the officers might have told him that the harder he fought, the harder that they would fight did not render the confession inadmissible. See Smith v. State, 91 Tex. Cr. R. 15, Thomas v. State, 35 Tex. Cr. R. 178, Anderson v. State, 54 S. W. 581, and cases there cited.
Even though the confession may have been made in response to questions, this would not vitiate it under the holding of this
Having reached the conclusion that the confession of the appellant appears to have been made voluntarily after the warning had been given him, the same was admissible. Therefore, the judgment of the trial court is in all things affirmed.
The foregoing opinion of the Commission of Appeals has been examined by the Judge of the Court of Criminal Appeals and approved by the Court.
070rehearing
ON MOTION FOR REHEARING.
In his motion appellant insists that we erroneously held in our original opinion that his confession was properly admitted in evidence. This question has again been carefully scrutinized, and the bill presenting it re-examined in the light of the contention in appellant’s motion. We remain of the opinion that no error was committed in permitting the confession to go to the jury.
The motion for rehearing is overruled.
Reference
- Full Case Name
- H. E. McCraw v. State
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- 2 cases
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- Published