Payne v. State

ON MOTION FOB EEHEABING.

HAWKINS, Judge.

In his contention that Mrs. Chapman should not have been permitted' to relate the statements made by appellant to Judge Chapman reliance is had upon Buddy v. State, 88 Texas Crim. Rep., 403, 227 S. W. Rep., 323; Phillips v. State, 219 S. W. Rep., 454; Calloway v. State, 116 S. W. Rep., 575. Buddy was sent for by the justice of the peace, went to the office, was there questioned and his statement reduced to writing. This case is easily distinguished from the present one. The Phillips ease supports the state’s position rather than appellant’s. Phillips…