Moore v. State

Appellant, Malcolm Richard Moore, was convicted of murder on June 20, 1984, and was sentenced to the penitentiary for life. There are two issues on appeal.

I

Appellant contends that his confession should not have been received in evidence because his waiver of Miranda rights was not a knowing, intelligent or voluntary waiver, considering his level of intoxication at the time he waived his rights.

The record reflects that on September 18, 1983, the appellant had been drinking quite heavily. Richard Julian testified that the appellant had a severe drinking problem and was "dog-drunk" on the 18th.

Th…