McCALLISTER v. STATE

No. 05-83-00499-CR.

685 S.W.2d 689 (1984)

Ben McCALLISTER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied July 5, 1984.

Discretionary Review Refused March 13, 1984.


Attorney(s) appearing for the Case

Michael Nelson, Lawrence Mitchell, Dallas, for appellant.

Donald Davis, Dallas, for appellee.

Before STOREY, STEWART and SHUMPERT, JJ.


SHUMPERT, Justice.

This is an appeal from a conviction of murder. Appellant contends that the trial judge committed reversible error in refusing to give the jury his requested instruction regarding the consideration of his written confession. We agree, and accordingly, we reverse.

It is undisputed that the trial judge instructed the jury on the voluntariness of the confession pursuant to TEX.CODE CRIM.PROC.ANN. art. 38.22 §§ 6 & 7 (Vernon 1979...

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