Dover v. State

(concurring). — In agreeing to the reversal of this cause we deem it proper to state that in our judgment the testimony given by the officers who had appellant under arrest, that while under arrest, without warning, he made in their presence a verbal statement which was used on the trial against him, was not admissible. The Code of Criminal Procedure, article 810, provides that the “confession of the accused shall not be used if at the time it was made the defendant was in jail or other place of confinement, or while he was in the custody of an officer, unless made in the voluntary statement…