Davis v. State

The majority reverses this conviction on a ground not raised at the trial court or on appeal. A Jackson v. Denno-type hearing, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908, was held outside the presence of the jury on the voluntariness of the confession. After an extended hearing the court stated, “Motion overruled. That is all.” The majority opinion notes there are no findings of the trial judge in the record or, if he did make findings, what standard was relied upon. Under the provisions of Article 38.22, V.A.C.C.P., findings should have been made.

However, since this was not complained of or…