Hugley v. State

OPINION

MORRISON, Judge.

The offense is murder without malice; the punishment, three years.

Ground of error number two contends that the court permitted the appellant to be impeached by a confession which had not been introduced in evidence and which was not proven to have been voluntarily given in compliance with Art. 38.22, Vernon’s Ann.C.C.P. Reliance is had upon Butler v. State, Tex.Qr.App., 493 S.W.2d 190, and Whiddon v. State, Tex.Cr.App., 492 S.W.2d 566, both of which were decided after the appellant’s trial.

On direct examination the appellant gave her version of the transaction,…