Stewart v. State

ON APPELLANT’S MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant’s motion for rehearing is predicated on the proposition that this court should hold as a matter of law that his confession introduced in evidence by the state was not voluntarily made. Under the peculiar manner in which the question came into the record the point is presented in an unusual way. From bill of exception No. 3 it appears that when the state sought to introduce the confession appellant requested that the jury be withdrawn which was done. In the jury’s absence the testimony of State Ranger McWilliams and of appellant was…