PAYNE v. STATE

No. 57358.

579 S.W.2d 932 (1979)

Carl PAYNE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

April 25, 1979.


Attorney(s) appearing for the Case

Barrett W. Stetson and Richard Anderson, Dallas, for appellant.

Henry M. Wade, Dist. Atty. and Maridell Templeton, Rick Russell and Sam Longoria, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, PHILLIPS and W. C. DAVIS, JJ.


OPINION

ODOM, Judge.

This is an appeal from a conviction for misdemeanor theft; punishment was assessed at 300 days in jail.

In his first ground of error appellant contends statements made to his probation officer and the stolen tape player that was recovered as a result of that conversation should have been excluded because the statement was made while in custody and without benefit of warnings of his constitutional rights, in violation of Art....

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