Clark v. State

CORNELIUS, Chief Justice.

Waymond Clark was convicted of rape. The principal question on appeal is whether Tex.Code Crim.Proc.Ann. art. 38.-221 (Vernon 1979) allows the introduction of a voluntary custodial oral statement to impeach an accused although the recording requirements of Section 3(a) of that article are not met. We conclude that it does and affirm the conviction.

Clark testified at the trial and on cross-examination denied that he had made any oral statement. To impeach him the State was allowed to prove that while in custody Clark responded to a police officer’s question by stating…