Day v. State

ON APPELLANT’S MOTION FOR REHEARING

WOODLEY, Presiding Judge.

Appellant's motion for rehearing complains that this court erred in failing to rule that the written statement made by appellant, which we held was not admissible as res gestae, was admissible on the ground that a portion of said statement was introduced by the state and used against him, thus rendering the entire statement admissible.

Sgt. Glen Davees was the officer who testified that appellant entered the police station shortly after 2:00 P.M. and told him he had just shot a man and surrendered the pistol.

The statement which…