3.03.040 Confessions

Evidence of a hearsay statement by an accused that he has done or omitted something, the doing or omission of which constitutes a crime or an essential

part of a crime, is admissible against him in a criminal action, but only if the judge finds that:

(a) The accused was not induced to make the statement by:

(1) infliction of physical suffering upon him or threats thereof, or

(2) threats or promises, likely to cause him to make such a statement falsely, which concerned action to be taken by a public official whom the accused reasonably believed to have the power or authority to secure the execution of the threats or promises; and

(b) The accused when making the statement was conscious and was capable of understanding what he said and did.