Henzen v. State

(dissenting).—In this case is presented the question: What must the confession show on its face, under article 790 of the Code of Criminal Procedure, as amended by the Act of the Thirtieth Legislature, which is as follows:

“Art. 790. The confession shall not be used if at the time it was made the defendant was in jail or other place of confinement, nor while he is in the custody of an officer, unless made in the voluntary statement of the accused taken before an examining court in accordance with law, or be made in writing or signed by him, which written statement shall show that he has been…