Craft v. State

ON MOTION FOR REHEARING.

MORROW, Presding Judge. —

It is the understanding of this court that the enactment of Act. 727a, C. C. P., as follows:

“No evidence obtained by an officer or other person in violation of any provision of the Constitution or laws of the State of Texas or of the United States of America, shall be admitted in evidence against the accused on the trial of any criminal case,” was intended and did have the effect to change the rule adopted by this court in the case of Welchek v. State, 93 Tex. Crim. Rep. 271. Under the rule there declared, the fact that evidence of crime was…