Robert v. State

As I see it, this cause presents a classic situation for applying the settled rule that the State is bound by an exculpatory statement made by an accused in his confession that is introduced by the State unless the statement is shown by other evidence to be untrue. See, e. g., Walker v. State, 138 Tex.Cr.R. 343, 135 S.W.2d 992 (1940), and the discussion of the rule in Starvaggi v. State, 593 S.W.2d 323 (Tex.Cr.App.1979); note also that it survived rehearing in Palafox v. State, 608 S.W.2d 177 (Tex.Cr.App. 1980).

In its motion to revoke the State alleged, inter alia, that on the given date…