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SMITH v. STATE

No. 38524.

467 S.W.2d 462 (1971)

Robert Lonnell SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

July 28, 1971.

Attorney(s) appearing for the Case

Jack Neal, Fort Worth (appointed to appeal), for appellant.

Frank Coffey, Dist. Atty., Grady Hight, Glenn Goodnight, Ann Delugach and John Garrett Hill, Asst. Dist. Attys., Fort Worth, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is burglary of a private residence at night; the punishment, thirty (30) years.

This is an out-of-time appeal. Our prior opinion in this case is reported in Tex.Cr. App., 395 S.W.2d 609. On this appeal the sole question is the voluntariness of the confession. This trial began January 20, 1965. Only Escobedo v. Illinois, 378 U.S. 478, 84 S.Ct....

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