Overby v. State

Deen, Presiding Judge.

1. An employee of the Sheriffs Department testified that he was informed by Cain that “he did it,” motioning toward the defendant. The employee then testified that he promised not to put Cain back with Overby, called Overby out and asked him whether he knew what happened. Overby said Reeves, the dead man, was aggravating him and trying to pull his pants down, and that he, Overby, hit Reeves and Reeves hit the wall. A statement which amounts to an incriminating admission or confession and which is elicited by a custodial interrogation without any explanation of the…