[DOWNLOAD] "Frank James Polk v. State Texas" by Dallas No. 05-85-00491-CR The Fifth Court of Appeals # Book PDF Kindle ePub Free

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• Title: Frank James Polk v. State Texas
• Author : Dallas No. 05-85-00491-CR The Fifth Court of Appeals
• Release Date : January 30, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Appellant appeals a conviction for murder. In his first ground of error, appellant contends that the trial court erred in admitting into evidence appellant's confession because it was the fruit of an illegal arrest. We agree. We find no merit, however, in appellant's challenge to the sufficiency of the evidence argued in his second and final ground of error. Accordingly, we reverse and remand. Richard Franchett was murdered on November 4, 1984. Police officer Jones suspected appellant of the crime and, to continue the investigation, checked the police department computer. Jones learned that an alias warrant for appellant's arrest was outstanding on a complaint issued appellant for violation of the Safety Responsibility Act, TEX. REV. CIV. STAT. ANN. art. 6701H (Vernon 1977 & Supp. 1986). Jones confirmed by telephone that the arrest warrant was still outstanding, but did not see a copy of the complaint or alias warrant. Jones located appellant, gave him the warnings required under Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966) and informed appellant that he was under arrest because of the alias warrant and that he was a suspect in the murder case. Jones then asked appellant if he had anything to say about the murder and appellant responded that he wished to give his side of the story. Appellant was taken to the police station and again given Miranda warnings but he was not taken before a magistrate, although magistrates were available. Approximately one hour after his arrest appellant gave his confession. Portions of the confession were introduced into evidence at trial.

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