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PATTERSON v. STATE

No. 47750.

509 S.W.2d 857 (1974)

Kenneth Lee PATTERSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Dissenting Opinion on Denial of Rehearing May 22, 1974.

Attorney(s) appearing for the Case

Tom A. Boardman, Don Wilmarth, and Lawrence B. Mitchell, Dallas, for appellant.

Henry Wade, Dist. Atty., and Robert T. Baskett, Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

Conviction is for murder; the punishment, life.

Appellant's first contention is that the trial court erred in refusing to grant a mistrial upon admission of an oral confession not taken in compliance with Art. 38.22, Vernon's Ann.C.C.P.

Appellant introduced the following testimony on cross-examination of the State's witness Officer Burks, to-wit:

"Q You just came in and said `I want the truth, nothing but...

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