Kenneth Lee Patterson v. State Texas

Appellant urges this Court to reconsider his ground of error #1, relating to testimony received concerning an oral confession made by the appellant. I have done so and conclude that the Court erred in its disposition of this ground. The reliance by the majority on original submission upon Art. 38.24, V.A.C.C.P., was misplaced and totally ignores the rule of law as properly announced in the unanimous decision of this Court in Roman v. State, 503 S.W.2d 252 (Tex. Crim. App. 1974). As was stated in the original majority opinion, the controversy centers around the following colloquy, which occurred as Officer Burks testified: