Trammell v. State

ON MOTION FOR REHEARING.

GRAVES, Judge.

The State’s Attorney has filed a motion for a rehearing herein, alleging that we were in error in our holding that the provisions of Art. 728, C. C. P. were violated when the trial court failed to allow Dr. Koepsel to detail the latter portion of a conversation with appellant wherein he said: “I don’t know why he did" that to me; I don’t know why he would do that to me; I had to shoot him” or “I had to shoot.”

It is said of Art. 728, C. C. P. that: “This article expands the common law rule. At common law, when a confession or admission is introduced in…