Bryan v. State

CONCURRING OPINION

MORRISON, Judge.

Though I concur in the affirmance of this conviction, I heartily disagree with the reasoning of my Brethren in that portion of the opinion in which they discuss the rule of evidence relating to the truthfulness of the confession heard by the trial court.

An examination of the record reveals an important distinction between this case and Acosta v. State, Tex.Cr.App., 403 S.W.2d 434 (this day decided). In the instant case the prosecutor made legitimate inquiries into appellant’s conversation with the officer to whom he made the statement without digressing into the truth or falsity thereof. The prosecutor stated in answer to an objection, “I am not going into the crime itself.” The only question remotely connoting an inquiry into the truthfulness of the confession was the last question, “You did know that you threw the change away,” to which there was no objection.

This to me distinguishes the two cases.