Martinez v. State

ROBERTS, Judge

(concurring).

Though I agree with the result reached in this cause, I feel compelled to briefly state my position, in light of my dissent in Butler v. State, 493 S.W.2d 190 (Tex.Cr. App.1973).

Unlike the situation in Butler, the statement in the present cause was highly in-criminative and inculpatory and amounted to a confession of the offense. Therefore, error was committed in the admission of such evidence.

As I stated in a recent case, I do not depart one iota from my feelings expressed in the dissent to Butler. See the concurring opinion in Whiddon v. State, 492 S.W.2d 566 (Tex.Cr.App.1973).

ODOM, J., joins in this concurrence.