Hulen v. State

ON MOTION FOR REHEARING.

DAVIDSON, Judge.

Appellant insists that we were in error in holding admissible the confession, as against his contention that the proper predicate was not first shown, as complained of in his Bill of Exception No. 3.

It is appellant’s contention that, as a condition precedent to the introduction in evidence of a confession of one accused of crime, the State must show, by the testimony of the party to whom the confession was made, that same was made in accordance with the statutory requirements, and that secondary proof may be resorted to, only, after a showing that the…