McCallister v. State

SHUMPERT, Justice.

This is an appeal from a conviction of murder. Appellant contends that the trial judge committed reversible error in refusing to give the jury his requested instruction regarding the consideration of his written confession. We agree, and accordingly, we reverse.

It is undisputed that the trial judge instructed the jury on the voluntariness of the confession pursuant to TEX.CODE CRIM.PROC.ANN. art. 38.22 §§ 6 & 7 (Vernon 1979). Appellant contends, however, that the jury was improperly instructed because there was a fact issue as to whether he was warned that he could at any…