Gutierrez v. State

OPINION

ROBERTS, Judge.

The appellant was convicted of the offense of murder with malice. The jury assessed his punishment at twelve years’ imprisonment.

Appellant’s grounds of error numbers one through seven relate to the admission and voluntariness of his confession. A pre-trial hearing was held on appellant’s motion to suppress this confession, at which some ten witnesses testified and several exhibits were introduced.

The evidence adduced at the pre-trial hearing reflects that appellant was arrested about 3:00 a. m., on September 23, 1971. The arresting officers, two plainclothes detectives,…