Jefferson v. State

OPINION

MORRISON, Judge.

The offense is robbery by assault; the punishment, enhanced under Article 62, Vernon’s Ann.P.C., life.

In his sole ground of error, appellant asserts that a written confession made by him should have been suppressed because it was obtained as the result of an illegal arrest.

The legality or illegality of the arrest is not the controlling factor. This Court has repeatedly held that it is an illegal detention and not an illegal arrest which will under certain circumstances invalidate a confession. Morgan v. State, Tex.Cr.App., 502 S.W.2d 722 (delivered December 5, 1973);…