Opinion

Martinez v. State

  • 498 S.W.2d 938
  • 1973 Tex. Crim. App. LEXIS 2533
Court
Court of Criminal Appeals of Texas
Filed
Sep 19, 1973
Status
Published
Author
Roberts
On the bench
Green, Roberts, Odom
Cited by
25 cases
Authority
More cited than 7.3%

The opinion

ROBERTS, Judge

(concurring).

Though I agree with the result reached in this cause, I feel compelled to briefly state my position, in light of my dissent in Butler v. State, 493 S.W.2d 190 (Tex.Cr. App.1973).

Unlike the situation in Butler, the statement in the present cause was highly in-criminative and inculpatory and amounted to a confession of the offense. Therefore, error was committed in the admission of such evidence.

As I stated in a recent case, I do not depart one iota from my feelings expressed in the dissent to Butler. See the concurring opinion in Whiddon v. State, 492 S.W.2d 566 (Tex.Cr.App.1973).

ODOM, J., joins in this concurrence.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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