Tuttle v. State

OPINION ON APPELLANT’S SECOND MOTION FOR REHEARING

DICE, Commissioner.

Appellant’s written confession introduced in evidence at the trial as state’s exhibit #2 is now included in the record, and we shall discuss his contention that the court’s action in admitting it in evidence constituted a denial of his rights under the due process clause of the Fourteenth Amendment to the Constitution of the United States.

The record reflects that prior to admitting the confession in evidence, in which statement appellant admitted that he possessed the marijuana in question, a hearing was held by the court —…