Golemon v. State

ON appellant’s motion for rehearing.

MORRISON, Judge.

Appellant urges us to reconsider our original holding in the light of Article 1, Section 9-19, of the Bill of Rights of the Constitution of Texas. This, we have done.

His principal contention now, as we see it, is that, since the original arrest of Golemon in Hempstead was without a warrant, the same constituted false imprisonment, as denounced by our Penal Code, and that, since the confession was secured while appellant was so falsely imprisoned, the same became inadmissible by virtue of Article 727a, C. C. P., which makes inadmissible…