Franklin v. State
Franklin v. State
Opinion of the Court
OPINION
The offense is robbery by assault; the punishment, life.
The record reflects that at approximately 9 A.M. on December 17, 1969, two men, wielding guns, entered the East Shop Drive-in Grocery in Irving, Texas and took $207.00 in cash and several other items including a radio. Both were apprehended later that day.
Appellant’s first contention is that the court erred in admitting his oral confession. He claims there is no showing he was admonished concerning his constitutional rights or that he voluntarily and intelligently waived these rights.
We deem the evidence sufficient to support the trial court’s written findings that appellant was fully and properly advised of his constitutional rights, and waived the same, and that his oral confession was freely and voluntarily made. See St. Jules v. State, Tex.Cr.App., 438 S.W.2d 568.
Appellant’s second ground of error is that the court failed to include any instructions concerning the voluntariness of his oral confession in its charge to the jury. Article 36.14, Vernon’s Ann.C.C.P., requires that objections to the court’s charge be presented to the court, in writing, before the charge is read to the jury. The record reflects that appellant did not comply with this provision and, consequently, did not properly reserve this point for review. Greer v. State, Tex.Cr.App., 468 S.W.2d 811; Freeman v. State, Tex.Cr.App., 464 S.W.2d 151; Johnson v. State, Tex.Cr.App., 423 S.W.2d 318.
Finding no reversible error, the judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.