Weatherly v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant insists that we were in error in holding the statement made by appellant to the officer admissible because appellant was under arrest at the time. We have again scrutinized the bills of exception upon this point but think our former holding to be correct. There were three rooms to the building occupied by appellant. When the officers went to search it appellant and other parties present were detained in the front room by some of the officers while others conducted a search in the back rooms where one-half gallon of whiskey was found. It was…