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CLARK v. STATE

No. 6-83-072-CR.

668 S.W.2d 479 (1984)

Waymond CLARK, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

March 20, 1984.

Attorney(s) appearing for the Case

Charles W. Schiesser, Austin, for appellant.

Ronald Earle, Dist. Atty., Curt Beckcom, Asst. Dist. Atty., Austin, for appellee.

CORNELIUS, Chief Justice.

Waymond Clark was convicted of rape. The principal question on appeal is whether Tex.Code Crim.Proc.Ann. art. 38.221 (Vernon 1979) allows the introduction of a voluntary custodial oral statement to impeach an accused although the recording requirements of Section 3(a) of that article are not met. We conclude that it does and affirm the conviction.

Clark testified at the trial and on cross-examination denied...

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