Conn v. State

ON MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

The State moves for a rehearing, really seeking to have this court adopt the dissenting opinion of Judge Ramsey in Jenkins v. State, 60 Tex. Cr. R. 236, 131 S. W. 542 instead of following the majority opinion as we did. The Jenkins case was decided in 1910. Our present statute on confessions (now Art. 727, formerly 790) was enacted in 1907. In 1908 this court was called on to construe said act in Robertson v. State, 54 Tex. Cr. R. 21, 111 S. W. 741. Judge Ramsey wrote as follows in the case last mentioned: “* * * Whatever may be thought of the…