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JEFFERSON v. STATE

No. 47941.

503 S.W.2d 779 (1974)

Lemon JEFFERSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 23, 1974.

Attorney(s) appearing for the Case

Charles W. Fairweather, Amarillo, for appellant.

Tom Curtis, Dist. Atty. and John J. Wheir, Asst. Dist. Atty., Amarillo, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is robbery by assault; the punishment, enhanced under Article 62, Vernon's Ann.P.C., life.

In his sole ground of error, appellant asserts that a written confession made by him should have been suppressed because it was obtained as the result of an illegal arrest.

The legality or illegality of the arrest is not the controlling factor. This Court has repeatedly held that it is an illegal detention and not...

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