Alvarez v. State

OPINION ON STATE’S SECOND MOTION FOR REHEARING

ONION, Presiding Judge.

In a second motion for rehearing, the State no longer disputes that admission of the confession without excising appellant’s remark about carrying a pistol was error. Nevertheless, the State again urges that this error does not call for reversal of the conviction. We remain convinced that this contention was properly disposed of in the opinion overruling the State’s first Motion for Rehearing.

It has long been held that the admission of improper evidence will not require reversal if the same facts are proved by “other and…