Davis v. State

OPINION

ONION, Presiding Judge.

This appeal is taken from a robbery by assault conviction where the punishment was assessed at fifty years.

The victim of the alleged robbery was unable to make a positive identification of the appellant as one of his two assailants, and the conviction rests largely upon appellant’s extrajudicial confession which he contends was not taken in accordance with Article 38.22, Vernon’s Ann.C.C.P.

Before reaching appellant’s contention, we observe that we are unable to find that the trial judge determined the voluntariness of the alleged confession prior to its admission…