BUTLER v. STATE

No. 44220.

493 S.W.2d 190 (1973)

Franklin Lovere BUTLER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 1, 1973.


Attorney(s) appearing for the Case

John M. Anderson, Fort Worth (On Appeal), for appellant.

Frank Coffey, Dist. Atty., William W. Chambers, Grant Liser and R. W. Crampton, Asst. Dist. Attys., Fort Worth, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ONION, Presiding Judge.

The conviction is for murder where the punishment was assessed at 25 years.

This appeal presents, in part at least, the question of whether an accused in a criminal case who takes the witness stand in his behalf may be impeached through the use of an oral confession or statement not taken in compliance with Article 38.22, Vernon's Ann.C.C.P.

At the outset, it should be observed that appellant, in his ground...

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