Birt v. State

Banke, Judge.

The appellant was convicted of two counts of aggravated assault. On appeal, his sole contention is that the trial court erred in admitting into evidence an in-custody statement allegedly obtained from him against his will.

The police officer who obtained the statement testified that he advised the appellant of his Miranda rights and that the appellant acknowledged his understanding of these rights. Although the appellant argues that he was intoxicated and in need of medical care for a knife wound at the time, his testimony at trial was to the contrary. Also, the appellant’s trial…