Smith v. State

OPINION

MORRISON, Judge.

The offense is burglary of a private residence at night; the punishment, thirty (30) years.

This is an out-of-time appeal. Our prior opinion in this case is reported in Tex.Cr. App., 395 S.W.2d 609. On this appeal the sole question is the voluntariness of the confession. This trial began January 20, 1965. Only Escobedo v. Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977, applies. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, does not. See Ex Parte Engle, Tex.Cr.App., 418 S.W.2d 671. As reflected by the original opinion of this cause, we find the…