Peake v. State

OPINION

JACK SMITH, Justice.

This is an appeal from a conviction of indecency with a child. The jury found appellant guilty and assessed punishment at 12 years confinement and a $5,000 fine. Appellant brings nine points of error.

In his first point of error, appellant contends that his due process rights were violated when the prosecutor inflamed the jury’s mind by informing them that appellant had confessed.

The record indicates that appellant requested and the trial court held a hearing on the motion to suppress a tape recording of appellant speaking to a fire department official prior to the…