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McCRORY v. STATE

No. 68864.

643 S.W.2d 725 (1982)

John W. McCRORY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied January 26, 1983.

Attorney(s) appearing for the Case

M.P. Duncan, III, R. William Wood, Denton, for appellant.

Jerry Cobb, Dist. Atty., Denton, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION

CLINTON, Judge.

In his second ground of error, the appellant contends it was error to admit his oral statement of June 12, 1978, to John T. Holbrook, which was the "result of custodial interrogation." Finding merit in this contention, we are constrained to reverse.

An oral statement made by an accused as a result of custodial interrogation between August 29, 1977 and August 31, 1981, is admissible only for impeachment purposes and only when...

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