McCain v. State

ON MOTION FOB REHEARING.

GRAVES, Judge.

This case was heretofore reversed and remanded because of the admission of a written statement purportedly made by the appellant while under arrest, which statement failed to state in the warning portion thereof that same could be used “against him” at the trial, etc. In our original opinion the cases *542there cited support by analogy the doctrine that such warning should have contained the omitted phrase. The State in its motion, however, advances the proposition that such an omission is not fundamental, but in the event such a statement is not objected to…