Lomax v. State

Christian, Judge.

The offense is rape; the punishment, death.

The State relied upon appellant’s confession to connect him with the commission of the offense. Appellant did not testify. The court failed to submit the issue as to whether the confession was voluntarily made by the appellant. The matter is properly before this court for review. We quote from the testimony set out in bill of exception No. 7, as follows:

“C. B. Wages, Deputy Sheriff of Montgomery County, Texas, testified that he arrested the defendant, J. C. Lomax, and put him in the. Conroe jail on March 31st, 1938; that the next…