# Whiddon v. State

> Court of Criminal Appeals of Texas · April 11, 1973 · 492 S.W.2d 566

URL: https://www.frixlaw.com/law-library/cases/9680705

## Case

- **Full name:** Patricia Ann WHIDDON, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** April 11, 1973
- **Citations:** 492 S.W.2d 566; 1973 Tex. Crim. App. LEXIS 2431
- **Precedential status:** Published
- **Opinion:** Concurrence by Roberts
- **Judges:** Green, Roberts, Odom
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9680705

## Opinion text

ROBERTS, Judge
(concurring).
I feel that the majority’s reliance upon Butler v. State, supra, as authority for the present case is misplaced. The instant cause is easily distinguishable.
In Butler, the dissenting opinion stated:
“The testimony used in this case as set out in the majority opinion cannot and does not constitute ‘a confession’ or even an inculpatory statement in regard to the crime alleged.”
Exactly the opposite is true of the case now before us. These statements used for impeachment are inculpatory and constituted a confession. For that reason, they were inadmissible.
Therefore, though my brother Odom and I agree with the results in the present case, we make no retreat from the position stated in the dissenting opinion in Butler v. State, supra.
ODOM, J., joins in this opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9680705. Public record. Not legal advice.