Whorton v. State

(dissenting).—I cannot agree with my brethren in the disposition of this ease on several questions, some of which I deem unnecessary to discuss.

The State introduced what was intended to operate as a confession through the witness Barker, as it did also what purports to be a written confession under the statute, which is sufficiently shown in the majority opinion without reproducing here. These statements, without reviewing all of them, as shown by Barker’s testimony and by the purported written confession introduced against appellant on the trial, were introduced against him, and while…