Opinion

Parsley v. State

  • 453 S.W.2d 475
  • 1970 Tex. Crim. App. LEXIS 1432
Court
Court of Criminal Appeals of Texas
Filed
Mar 25, 1970
Status
Published
Author
Onion
On the bench
Douglas, Onion, Morrison
Cited by
15 cases
Authority
More cited than 10.8%

The opinion

ONION, Judge

(concurring).

I concur in the result reached. This court has held that Miranda has no application to statements which are res gestae of the offense. See Hill v. State, Tex.Cr.App., 420 S.W.2d 408 ; Brown v. State, Tex.Cr.App., 437 S.W.2d 828 ; Cf. Hernandez v. State, Tex.Cr.App., 437 S.W.2d 831 . I would, however, disassociate myself from any impression the majority opinion might leave that time is the controlling factor or only factor to be considered in determining the admissibility of res gestae statements. The statement made by appellant was as a result of an interrogation after arrest and there was no evidence at the time of its admission to show that the statement was spontaneous. In the light of subsequent testimony, and the fact that appellant, testifying in his own behalf, related he had several beers prior to his arrest, no error is presented.

MORRISON, 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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