Madeley v. State

ON APPELLANT’S SECOND MOTION FOR REHEARING

MORRISON, Judge.

The offense is burglary with two prior felony convictions alleged for enhancement; the punishment, life.

Our attention has now been addressed to an error not heretofore discussed which we conclude is determinative of this appeal. When appellant’s confession was offered in evidence, at counsel’s request the jury was retired to allow the court to hear evidence on the question of the voluntariness thereof. Officer La Font was heard by the court on the question. He testified that two other officers, whom he named, had delivered appellant to…