Davis v. State

ON state’s motion for rehearing

MORRISON, Presiding Judge.

The state, through her district attorney and our esteemed state’s attorney, urges this court to pass upon the admissibility of the confession as a matter of law. They insist that we rule directly upon the question about which we expressed grave doubt in our original opinion.

In so ruling, two fundamental concepts should be borne in mind:

1. Any ruling we make is based upon the record before uS and will not be binding if upon another trial there is additional or different evidence.

2. If we held the confession admissible as a matter of law,…