Moore v. State

OPINION

DALLY, Commissioner.

The conviction, after a plea of guilty before a jury, is for the possession of marihuana; the punishment, imprisonment for five years.

The admission into evidence of appellant’s oral confession presents a serious question.

To be admissible an oral confession must meet the requirements of both Article 38.22, Vernon’s Ann.C.C.P., and Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). See Valerio v. State, 494 S.W.2d 892 (Tex.Cr.App. 1973); Butler v. State, 493 S.W.2d 190 (Tex.Cr.App. 1973); Burns v. State, 486 S.W.2d 310 (Tex.Cr.App.1971); Herron v.…