MOORE v. STATE

No. 47758.

505 S.W.2d 887 (1974)

James Paul MOORE, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 6, 1974.


Attorney(s) appearing for the Case

J. W. Tyner and Jerry E. Bain, Tyler, for appellant.

Larry Miller, Dist. Atty., Greenville, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.


OPINION

DALLY, Commissioner.

The conviction, after a plea of guilty before a jury, is for the possession of marihuana; the punishment, imprisonment for five years.

The admission into evidence of appellant's oral confession presents a serious question.

To be admissible an oral confession must meet the requirements of both Article 38.22, Vernon's Ann.C.C.P., and Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602...

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