OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
ONION, Presiding Judge.
Appellant was convicted by a Dallas County jury of burglary of a habitation. V.T.C.A., Penal Code, § 30.02. Finding the enhancement paragraph in the indictment to be true, the trial court assessed punishment at 25 years’ imprisonment.
The Fort Worth Court of Appeals reversed the conviction based on an error in the jury charge. Watson v. State, 660 S.W.2d 882 (Tex.App. — Ft. Worth 1983). This Court reversed the judgment of the Court of Appeals citing Almanza v. State, 686 S.W.2d 157 (Tex.Cr.App.1985), and finding that no harm accrued to appellant as a result of the jury charge submitted by the trial court. Watson v. State, 693 S.W.2d 938, 940 (Tex.Cr.App.1985). The cause was remanded to the Court of Appeals for consideration of appellant’s remaining grounds of error.
On this second go around the Court of Appeals affirmed the conviction, holding inter alia that appellant’s silence after being advised of his rights and being asked to make a statement was not sufficient under the circumstances to indicate that he wished to remain silent and to cut off questioning. Watson v. State, 715 S.W.2d 864, 868-874 (Tex.App. — Ft. Worth 1986).
The sole ground of review set forth in appellant’s petition for discretionary review urges that the “Court of Appeals improperly held that an arrestee has an affirmative obligation to explicitly state his objection to further questioning by police where [he] [593]*593has been given and understood the Miranda warnings and where there is no evidence of coercion or undue pressure depriving the accused [of] control of the interrogation.”
We granted said petition to determine the correctness of the ruling by the Court of Appeals.
The record reflects that appellant and one Larry Jordan were caught in the act of attempting to burglarize a habitation at 1517 King Arthur1 in Grand Prairie in the evening of December 26,1981. On December 28, 1981, appellant, while in jail, was interrogated on four separate occasions by Officer Myer and Detective Shaw concerning an earlier burglary that had occurred on December 20, 1981, at the Perkins’ residence at 1509 Austrian in Grand Prairie in the same neighborhood as the location of the said attempted burglary. At the last interrogation appellant made certain oral statements that led to some of the items that were taken in the Perkins burglary. See Article 38.22, § 3(c), Y.A.C.C.P.
Appellant filed a pretrial motion requesting that before any evidence of a confession, oral or written, be introduced a hearing on the voluntariness of any admission or confession be conducted in the jury’s absence, contending that if there were conversations with the officers they occurred while appellant was in custody. See Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964); Article 38.22, V.A.C. C.P.
At trial the Jackson v. Denno hearing was conducted outside the presence of the jury to determine the voluntariness of appellant’s statements made during custodial interrogation. At such hearing Grand Prairie Police Officer Dennis Myer was called by the State and was the only witness to testify.2
Myer testified that he and Detective Shaw first interviewed appellant about the Perkins burglary between 9 and 9:30 a.m. on December 28, 1981. Myer first read to appellant his Miranda warnings3 and stat[594]*594ed that appellant acknowledged to him that he understood those rights. The record then reflects:
“Q. And after he acknowledged those did he indicate to you that he wished to speak with you?
“A. Yes, sir.
“Q. Did he at any time ask for an attorney?
“A. Not at that time.”
On cross-examination Officer Myer testified as to the first interrogation:
“Q. [Defense Counsel] You say you read Mr. Watson his rights?
“A. Yes, sir.
“Q. And he refused to talk?
“A. Yes.
“Q. Who was doing the talking during that thirty or forty-five minutes?
“A. We were [Officer Myer and Detective Shaw].
“Q. What were you saying?
“A. Just asking questions.
“Q. He wasn’t answering?
“A. No, Sir.
“Q. And you did that for thirty or forty-five minutes?
“A. Yes, sir.
“Q. Did he ever answer any of your questions?
“A. No, sir.
# * * * * *
“Q. At any time during that thirty or forty-five minute interrogation did Mr. Watson indicate to you that he didn’t wish to talk to you anymore?
“A. No, sir.
“Q. Just sat silent?
“A. Yes, sir.” (Emphasis supplied.)
Appellant was returned to his jail cell about 10:30 a.m.
The record reflects that thereafter in response to the prosecutor’s questions about appellant being “arraigned”4 Officer Myer agreed that appellant was “arraigned” about 11 a.m. No further details of that action were elicited and it is unclear whether appellant was “arraigned” on the Perkins burglary or on some other offense. Myer then testified the second interrogation of appellant began about 1 p.m., the same being initiated by the officers. Again appellant was given his Miranda warnings and acknowledged he understood his rights. Appellant did not at any time acknowledge that he wanted to talk to the officers and after 20 minutes he was “placed — back in a cell.” The record reflects on direct examination:
“Q. [Assistant district attorney] He didn’t want to talk to you then?
“A. No, sir.”
On cross-examination the record reflects:
“Q. Had Mr. Watson indicated to you from his cell he changed his mind and wanted to talk to you?
“A. No, sir.
“Q. Did he talk to you on that occasion? “A. No, sir.”
The third interrogation initiated by the officers took place about 3 p.m. Appellant was again given the Miranda warnings and indicated that he understood his rights. [595]*595For “fifteen or twenty minutes” appellant made no response to any of the questions asked him, then the appellant told the officers that the man with whom he was arrested, Larry Jordan, had a watch with him at the time of arrest that was taken in the Perkins burglary. On cross-examination the record reflects:
“Q. Had Mr. Watson said any word or given any indication to you that after having refused to talk on two prior occasions he changed his mind and wanted to talk on the third occasion?
“A. He did when he answered the questions.
“Q. When you brought him out of his cell and took him down he sent word he wanted to talk?
“A. No, sir.”
After eliciting the information about Larry Jordan the appellant was returned to his cell. The officers found the watch in Jordan’s property and determined it had been taken from the Perkins residence. Myer then confronted Jordan with appellant’s statement. Thereafter Jordan orally confessed implicating appellant in the burglary. He later signed a written confession.
Thereafter, and for the fourth time that day, the officers interrogated appellant at their own instance. He was again given the Miranda warnings and acknowledged again he understood his rights. The officers confronted appellant with information received from Larry Jordan. Appellant explained that he, Larry and his brother, Michael Jordan, planned to “hit the house together” but when he and Larry arrived at the Perkins’ residence they saw Michael’s car departing, that Larry Jordan entered the house and took a microwave, stereo, watch and other items. Appellant stated he remained in the car and denied he acted as a lookout. He admitted that he and Larry Jordan took all the stolen items to Michael Jordan’s house except a stereo that they sold to a Mr. Mowry on Bernal Street. That same evening appellant accompanied Officer Myer and pointed out Michael Jordan’s house on Canada Street. Michael Jordan was arrested there the next day, and after he gave consent to search the police recovered several video cassettes taken from the Perkins’ residence. The microwave was recovered from a neighbor’s house, and appellant pointed out Mowry as the man to whom the stereo was sold, and the missing stereo was eventually recovered from Mowry.
There was no evidence offered at the hearing as to appellant’s age, competency, background, education or experience, etc. While Officer Myer testified that no promises were made to appellant, the State, with the burden of proof, offered no other evidence as to the lack of coercion or undue pressure in the jail setting than that already described.
The court found at the conclusion of the Jackson v. Denno hearing that the oral statements had been given freely and voluntarily and were admissible in evidence. No issue of voluntariness was raised by the evidence before the jury.
The trial court filed its written findings of facts and conclusions of law after the Court of Appeals abated the appeal and ordered the same done. See Article 38.22, V.A.C.C.P.; McKittrick v. State, 535 S.W.2d 873 (Tex.Cr.App.1976).
In its written findings the court found that appellant had been duly warned of his rights, had acknowledged he understood his rights, and “indicated he wished to speak to Officer Myer” and did not ask for an attorney, “and further did not admit anything as to being involved in the burglary ...” and the officers quit talking to the appellant and left. The court found on three other occasions he was warned of his rights, acknowledged he understood the same, and did not ask for an attorney, that on the third of the four occasions he implicated Larry Jordan, and that on the last occasion admitted his involvement in the burglary and showed the police where he and Larry Jordan had taken the stolen property.
The trial court further found that appellant knowingly, intelligently and voluntarily waived the rights of which he was informed and made the oral admissions and [596]*596statements without compulsion or persuasion.
Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, (1966), delineated specific procedures to safeguard the Fifth Amendment privilege against self-incrimination during custodial interrogation. Miranda held that unless law enforcement officers give certain specified warnings pri- or to questioning a person in custody and follow certain specified procedures during the course of any subsequent interrogation the prosecution may not use in its case-in-chief any statement by the defendant over his objection. 384 U.S. at 476-79, 86 S.Ct. at 1629-30; accord Oregon v. Elstad, 470 U.S. 298, 317, 105 S.Ct. 1285, 1298, 84 L.Ed.2d 222 (1985); Michigan v. Mosley, 423 U.S. 96, 99-100, 96 S.Ct. 321, 324-25, 46 L.Ed.2d 313 (1975).
“We have concluded that without proper safeguard the process of in-custody interrogation of persons suspected or accused of crime contains inherently compelling pressures which work to undermine the individual’s will to resist and to compel him to speak where he would not otherwise do so freely. In order to combat these pressures and to permit a full opportunity to exercise the privilege against self-incrimination, the accused must be adequately and effectively apprised of his rights and the exercise of those rights must be fully honored.” Miranda, 384 U.S. at 467, 86 S.Ct. at 1624.
The “right to cut off questioning” is among the procedural safeguards established by Miranda, 384 U.S. at 474, 86 S.Ct. at 1628. This particular right, established as a “critical safeguard” of the Fifth Amendment right to remain silent, Mosley, 423 U.S. at 103, 96 S.Ct. 326, requires the police to immediately cease interrogating a suspect once the suspect “indicates in any manner, at any time ... during questioning, that he wishes to remain silent.” Miranda, 384 U.S. at 473-74, 86 S.Ct. at 1627-28; Mosley, 423 U.S. at 100, 96 S.Ct. at 325.
Although established in Miranda, it was in Mosley that the Court delineated the scope of “the right to cut off questioning.” Reiterating that this right serves as an essential check on “the coercive pressures of the custodial setting” by enabling the defendant to “control the time at which questioning occurs, the subject discussed, and the duration of the interrogation,” 423 U.S. at 103-04, 96 S.Ct. at 326, Mosley reaffirmed Miranda’s requirement that “the interrogation must cease” when the person in custody “indicates in any manner” that he wishes to remain silent. 423 U.S. at 101-02, 96 S.Ct. at 325-26.5 This requirement is found incorporated in Mosley’s holding that statements taken after a defendant indicates his desire to remain silent are inadmissible unless the defendant’s “right to cut off questioning was scrupulously honored.” See 423 U.S. at 101, 103-04, 96 S.Ct. at 325-26.
Yet Mosley, 423 U.S. at 102-03, 96 S.Ct. at 326-27, denied that Miranda created “a per se proscription of indefinite duration” against further questioning after a defendant’s assertion of the right to silence. Mosley found that Miranda did not require that all interrogation cease indefinitely, merely that the police must “scrupulously honor” the defendant’s right to remain silent by (1) immediate cessation of question[597]*597ing; (2) resumption of questioning only after the passage of a significant period of time, (3) provision of a fresh set of Miranda warnings, and (4) restrictions of the second interrogation to a crime that was not a subject of the earlier interrogation. 423 U.S. at 104-06, 96 S.Ct. at 326-28.
The facts in Mosley must be kept in mind. The defendant in custody was approached by a detective from the Armed Robbery Section of the Detroit Police Department, given his Miranda rights after which the detective began to question Mosley about two recent robberies. Mosley declined to answer any questions about the robberies and the interrogation ceased. Several hours later another detective from the Homicide Bureau gave Mosley his “Miranda” rights and began to interrogate him about a murder apparently unrelated to the two aforesaid robberies. Mosley first denied any involvement in the murder but when told he had been named in a confession as the “shooter” he made a statement implicating himself in the fatal shooting. He was never interrogated about the two robberies. It was Mosley’s contention that his assertion of his right to silence as to the two robberies prohibited the use of any confession to the murder made at the second interrogation which was restricted to another offense. The Mosley Court concluded that Miranda did not preclude the use of the inculpatory statement as to the murder made at the second interrogation. In Mosley, as in the instant case, there was no claim that the defendant had asserted his right to counsel. It is clear that a defendant may assert one of his constitutional or Miranda rights and not another.
The important question herein is whether the appellant invoked his constitutional right to remain silent.
We agree with the Court of Appeals that one of the difficulties with the instant case is that, as shown by the one-witness Jackson v. Denno hearing, the appellant did not at any time make any explicit oral or written remark or statement that he wished to remain silent or that he wanted to cut off the questioning. There is no talismanic word or phrase with which to invoke the right to remain silent. In fact, words may not be necessary at all because Miranda makes clear that the interrogation must cease when the person in custody “indicates in any manner” that he wishes to remain silent. 423 U.S. at 101-02, 96 S.Ct. at 325-26. This is far broader than a requirement that there be some verbal expression or explicit objection, although the Supreme Court has not listed the ways that a defendant may indicate “in any manner” his desire to remain silent or to cut off questioning. It is true that silence by an arrestee or a defendant following the receipt of Miranda warnings can be “insolubly ambiguous” in some contexts, Doyle v. Ohio, 426 U.S. 610, 617, 96 S.Ct. 2240, 2244, 49 L.E.2d 91, 97 (1976); United States v. Hale, 422 U.S. 171, 176-77, 95 S.Ct. 2133, 2136-37, 45 L.Ed.2d 99, 104-105 (1975),6 and we are aware of the out-of-state cases cited by the Court of Appeals for the proposition that “Miranda should not be read so strictly as to require the police to accept as conclusive any statement or act, no matter how ambiguous, as a sign that the suspect desires to cut off questioning.”7
Each case must, however, be decided on the totality of the circumstances in that particular case.
If, at the first interrogation after receiving the Miranda warnings and acknowledging he understood his rights, the appellant gave some sort of “indication” he would speak to the officers, it appears he gave, almost immediately, a contrary “indication.” For 30 or 45 minutes he did not answer any questions about the Perkins burglary. Officer Myer agreed in his testimony that appellant “refused to talk.” It is not clear whether Myer meant that appellant explicitly refused to talk or whether [598]*598he was characterizing appellant’s silence or refusal to respond to any questions during the time period. Certainly under the circumstances appellant was not cooperating with the police and had demonstrated to them that he wished to remain silent in accordance with the particular and express “Miranda ” warnings given by Officer Myer that he could “exercise these rights” by not answering questions. The appellant was returned to his cell. Clearly at this time the officers were under no impression that appellant wanted to speak to them. They were not misled. There is nothing to show the officer considered his action ambiguous nor any showing that they asked any questions seeking to clarify his intentions. They were put on notice their questioning should cease. To fault the appellant for not explicitly stating his objection to further interrogation would be illogical when he responded in the manner he was warned he could employ in exercising his right to silence, see footnote No. 3, and the record shows the officers had gotten the message and understood it.
At the second interrogation initiated by the police appellant still did not answer questions. After 20 minutes of interrogation he was returned to his cell with Myer again explaining to the prosecutor appellant “didn’t want to talk.” Appellant demonstrated again he was exercising his right to silence. Nevertheless, the police initiated a third interrogation on the same offense and the same pattern continued for 15 to 20 minutes. As earlier noted, the record reflects on cross-examination Officer Myer at the Jackson v. Denno hearing:
“Q. Had Mr. Watson said any word or given any indication to you that after having refused to talk on two occasions he changed his mind and wanted to talk on the third occasion?
“A. He did when he answered the questions.”
It appears that the appellant finally mentioned a watch being in Larry Jordan’s possession. He did not implicate himself. After Larry Jordan orally confessed implicating appellant the officers initiated a fourth interrogation in which appellant was confronted with Jordan’s oral statement. The oral statements complained of were then elicited from the appellant. Here the police knew appellant had “refused to talk” and “didn’t want to talk” yet the police persisted in repeated efforts to wear down his resistance and make him change his mind.8
There need not be a formal invocation of constitutional or Miranda rights. Anything said or done by the defendant that could reasonably be interpreted as a desire to invoke these rights should be sufficient to halt questioning. Faulder v. State, 611 S.W.2d 630, 640 (Tex.Cr.App.1979) (Opinion on rehearing). In People v. Pack, 248 Cal.Rptr. 240, 201 Cal.App.3d 679 (Cal.App.2d Dist.1988), it was pointed out that a defendant need not make express statements to invoke his Fifth Amendment privileges, and no particular forms of words or conduct are necessary.
“Courts hold many fact patterns and different types of conduct effective to assert Miranda rights, whether express or implied. A suspect may assert that he desires counsel or does not wish to talk; explicit statements like these effectively invoke the suspect’s rights and should result in a cessation of questioning. From that moment forward the rules for determining the validity of a subsequent waiver of rights must be followed in order for reiterrogation to take place. For example, a general refusal to cooperate is tant-amount to an assertion of the right to silence, and a continuation of questioning under those circumstances is invalid,74
[599]*599In the instant case the Court of Appeals erred in holding that the appellant, under the circumstances, had the affirmative obligation to explicitly state his objection to further questioning in order to indicate “in any manner” his wish to remain silent. We conclude that his silence, his refusal to answer any questions during the first and second interrogations and part of the third interrogation, his conduct demonstrating he didn’t want to talk and did not want to cooperate with the police was sufficient to indicate his desire to remain silent and to exercise his right to “cut off questioning” particularly given the Miranda card warnings that were read to him. The record shows that the police understood appellant “didn’t want to talk.” There was no reasonable basis for inferring that appellant had changed his mind. While an express assertion or invocation of a right is highly desirable, we reject any requirement that under the circumstances presented the appellant had “an affirmative obligation to explicitly state his objection to further questioning” in order to meet the “indicate in any manner” language of Miranda, as the Court of Appeals would seem to have it. Watson, 715 S.W.2d at 873. To the extent that Sawyers v. State, 724 S.W.2d 24 (Tex.Cr.App.1986), is in conflict herewith, it is overruled.
Having found the appellant invoked his right to silence, we must now determine if that right was “scrupulously honored.” Mosley, 423 U.S. at 101, 103-04, 96 S.Ct. at 325-26. The determination of whether an accused’s right to cut off questioning was scrupulously honored requires a case-by-case analysis. United States v. Hernandez, 574 F.2d 1362, 1369 (5th Cir.1978); Christopher v. Florida, 824 F.2d 836, 840 (11th Cir.1987).
Although the assertion of either the right to counsel or the right to silence mandates the cessation of an interrogation the particular right invoked has different impact on the permissibility of subsequent police conduct. United States ex rel. Riley v. Franzen, 653 F.2d 1153, 1158 (7th Cir.1981).
“Police interrogation is more severely restricted after the suspect asserts his right to counsel than after he asserts his right to silence. See Edwards v. Arizona, 451 U.S. 477, 484-85, 101 S.Ct. 1880, 1884-85, 68 L.Ed.2d 378 (1981); Michigan v. Mosley, 423 U.S. at 104 and n. 10, 96 S.Ct. at 326 and n. 10. But see Kamisar, supra [The Edwards and Bradshaw Cases: The Court Giveth and the Court Taketh Away, in 5 the Supreme Court: Trends and Developments 1982-1983, at 153 (1984)] at p. 157 (arguing that the level of procedural protection should not depend on which right the suspect invokes, since the same police actions are just as coercive after the suspect invokes one right as after he invokes the other and the suspect typically does not know that the extent of his protection hinges on his choice of rights).” Anderson v. Smith, 751 F.2d 96, 101 (2nd Cir.1984).
And more recently see Arizona v. Roberson, — U.S. -, 108 S.Ct. 2093, 100 L.Ed.2d 704 (1988). The Court there held that the Edwards [v. Arizona, 451 U.S. 477, 484-485, 101 S.Ct. 1880, 1884-1885, 68 L.Ed.2d 378] rule that a suspect who has invoked his right to counsel is not subject to further interrogation until counsel has been made available to him unless the suspect himself initiates further communication applies even when a subsequent police initiated interrogation occurs in the context of a separate investigation, about a different offense, and the fact that the officer who conducted the suspect’s second interrogation did not know that the suspect had earlier requested counsel could not justify the failure to honor the request.9 Thus, a [600]*600request for counsel acts as an absolute prohibition on the right of the police to initiate questioning until an attorney is appointed or obtained or until the accused initiates the subsequent communication with the authorities. Arizona v. Roberson, supra. No such per se proscription upon the right of the police to resume questioning exists where an accused asserts his right to remain silent. Instead, the law enforcement officials are required to cease questioning the accused but may resume the interrogation at some later time under the factors of Mosley.
As noted in Mosley, the Supreme Court found that the suspect’s right to cut off questioning was “scrupulously honored” because “the police here immediately ceased the interrogation, resumed questioning only after the passage of a significant period of time and the provision of a fresh set of warnings, and restricted the second interrogation to a crime that had not been a subject of the earlier interrogation.” 423 U.S. at 106, 96 S.Ct. at 327.10
“Some courts have viewed the latter fact an essential one to a finding that defendant’s rights were ‘scrupulously honored’ and there is much to be said for this position. As one commentator put it, the fact the crime was ‘different in nature and in time and place of occurrence from the robberies for which Mosley had been interrogated’ is ‘critical,’ for without it ‘one is left only with a renewed effort to question by a different member of the same police force, in a different room in the same building, only two hours after Mosley’s assertion of his right not to be questioned.’ ” LaFave and Israel, Criminal Procedure, Vol. 1, § 6.9, p. 536-537, quoting Stone, The Miranda Doctrine in the Burger Court, 1977 Supp.Ct.Rev. 99, 134.
“Other courts have not deemed a change in the subject matter to be essential. Perhaps that is unobjectionable when it is the defendant who initiated the subsequent conversation, but in other circumstances it is a highly questionable position.” Id.
In the instant case the interrogation did not cease immediately after appellant Watson made clear that he wished to remain silent and even continued into a third and a fourth interview. The four interrogations all occurred on the same day separated only by several hours or less. Moreover, the same police officers continued to interrogate appellant on the same crime throughout though the appellant had invoked his right to silence.
From the totality of the circumstances we conclude that the appellant’s right to cut off questioning was not “scrupulously honored.” Therefore, the oral statements taken during the unlawfully continued interrogation were inadmissible. Martin v. Wainwright, 770 F.2d 918 (11th Cir.1985); Anderson v. Smith, 751 F.2d 96 (2nd Cir.1984); Christopher v. Florida, 824 F.2d 836 (11th Cir.1987). See also United States v. Wallace, 848 F.2d 1464 (9th Cir.1988).
Moreover, we conclude that the State failed its heavy burden of proving that the appellant had intelligently, understandingly and voluntarily waived his privilege against self-incrimination.11
The standard to be applied in determining the question of waiver under federal constitutional law is that the prosecution must prove an intentional relinquishment or abandonment of a known right or privilege. See Johnson v. Zerbst, 304 U.S. 458, 464, 58 S.Ct. 1019, 1020, 82 L.Ed. 1461 (1938); Barbour v. State, 551 S.W.2d 371, 373 (Tex.Cr.App.1977); Goodman v. State, 591 S.W.2d 498, 499 (Tex.Cr.App.1979). And a waiver will not be presumed from a [601]*601silent record. Carnley v. Cochran, 369 U.S. 506, 516, 82 S.Ct. 884, 890, 8 L.Ed.2d 70 (1962); Ex parte Auten, 458 S.W.2d 466 (Tex.Cr.App.1970). And a waiver will not be “lightly inferred” and courts will indulge every reasonable presumption against the waiver. Johnson v. Zerbst, supra; see also Brookhart v. Janis, 384 U.S. 1, 4, 86 S.Ct. 1245, 1246, 16 L.Ed.2d 314, 317 (1966); Brewer v. Williams, 430 U.S. 387, 404, 97 S.Ct. 1232, 1242, 51 L.Ed. 2d 424, 440 (1977); Webb v. State, 533 S.W.2d 780, 785 (Tex.Cr.App.1976) (footnotes 7 and 8); Barbour, supra, at 373; Goodman, supra, at 499. Thus, a “heavy burden” rests on the prosecution to prove that a defendant waived his privilege against self-incrimination. Miranda, supra, 384 U.S. at 475, 86 S.Ct. at 1628, 16 L.Ed.2d at 724; United States v. Guzman-Guzman, 488 F.2d 965 (5th Cir.1974). See also Ex parte Bird, 457 S.W.2d 559 (Tex.Cr.App.1970); Goodman, supra, at 499.
Although desirable, the general rule is that neither a written nor an oral express waiver is required. North Carolina v. Butler, 441 U.S. 369, 99 S.Ct. 1755, 60 L.Ed.2d 286 (1979); United States v. James, 528 F.2d 999, 1019 (5th Cir.1976), cert. den. sub. nom., Austin v. United States, 429 U.S. 959, 97 S.Ct. 383, 50 L.Ed.2d 326; United States v. Hernandez, 574 F.2d 1362, 1371 (5th Cir.1978).
In Butler, 99 S.Ct. at 1757, the Court stated:
“An express written or oral statement of waiver of the right to remain silent or of the right to counsel is usually strong proof of the validity of that waiver, but is not inevitably either necessary or sufficient to establish waiver. The question is not one of form, but rather whether the defendants in fact knowingly and voluntarily waived the rights delineated in the Miranda case. As was unequivocally said in Miranda mere silence is not enough. That does not mean that the defendant’s silence coupled with an understanding of his rights and a course of conduct indicating waiver may never support a conclusion that a defendant has waived his rights. The courts must presume that a defendant did not waive his rights; the prosecution’s burden is great; but in at least some cases waiver can be clearly inferred from the actions and words of the person interrogated.”
Implied waivers, however, are clearly disfavored. Estelle v. Williams, 425 U.S. 501, 515, 96 S.Ct. 1691, 1698, 48 L.Ed.2d 126, 137 (1975) (Powell, J., concurring); Barker v. Wingo, 407 U.S. 514, 525-526, 92 S.Ct. 2182, 2189-2190, 33 L.Ed.2d 101, 114 (1972); Johnson v. Zerbst, supra, 304 U.S. at 464, 58 S.Ct. at 1023; United States v. Hernandez, supra, at 1371.
In Butler, supra, 99 S.Ct. at 1758, the Court stated that “... the question of waiver must be determined on the particular facts and circumstances surrounding the case, including the background, experience, and conduct of the accused. Johnson v. Zerbst, 304 U.S. 458, 464, 58 S.Ct. 1019, 1023, 82 L.Ed. 1461.”
In the instant case there was no express written or oral waiver of rights by the appellant nor does the record show any specific inquiry as to whether appellant desired to “waive” his rights.
Whether appellant made a valid waiver of his right to silence must be considered in light of the fact that the police officers initiated each of the four interrogations including the last one at which the incriminating oral statements were elicited. Officer Myer testified that at the first interrogation he read the Miranda rights to appellant and that appellant “acknowledged” he understood those rights. Then Myer merely gave a “Yes, sir” response to the prosecutor’s framed conclusory question as to whether appellant “did indicate” he wished to speak to Myer. This is the strongest indication of waiver of the right to silence.12 What occurred immediately thereafter according to Myer did not comport with any desire to speak on appellant’s part. Appellant remained silent for 30 or [602]*60245 minutes and did not answer any questions. On cross-examination Myer appeared to contradict his earlier testimony when he related that after appellant was given his Miranda warnings the appellant had “refused to talk.” Under any circumstances, the testimony was not very clarifying.
The appellant was returned to his cell at the end of the first attempted interrogation. He was “arraigned” although the record does not show what procedure was utilized or whether the “arraignment” was in connection with the Perkins burglary. At the second interrogation appellant remained silent for 20 minutes after being given the warnings and “acknowledging” he understood. Myer acknowledged appellant did not want to talk to the officers. At the third interrogation after warnings and acknowledgement appellant again remained silent for 20 minutes until Myer testified appellant changed his mind and “began answering questions.” The fourth interrogation after warnings and acknowl-edgement has already been described.
The Supreme Court in Miranda warned that “a valid waiver will not be presumed simply from the silence of the accused after warnings are given or simply from the fact eventually obtained.” 384 U.S. at 475, 86 S.Ct. at 1628.
As noted earlier, appellant’s age, background, competency, education, experience, etc., was not developed at the Jackson v. Denno hearing, so any evidence of these matters must be gleaned from other parts of the record.13
As Butler, supra, 441 U.S. at 373-375, 99 S.Ct. at 1757-1758, made clear, courts must presume a defendant did not waive his rights and the prosecution’s burden is great but waiver can be inferred form words and actions of the person interrogated including background, experience and conduct.
In Texas the courts have also said that waiver is to be determined from the totality of the circumstances. See Moreno v. State, 511 S.W.2d 273, 276-277 (Tex.Cr.App.1974), cert. den. 419 U.S. 1115, 95 S.Ct. 794, 42 L.Ed.2d 813 (1975); Thomas v. State, 458 S.W.2d 817, 819 (Tex.Cr.App.1970); Phifer v. State, 651 S.W.2d 774 (Tex.Cr.App.1983); Wilkerson v. State, 657 S.W.2d 784 (Tex.Cr.App.1983); cert. den. 470 U.S. 1008, 105 S.Ct. 1371, 84 L.Ed.2d 390; Hawkins v. State, 660 S.W.2d 65 (Tex.Cr.App.1983); Ingham v. State, 679 S.W.2d 503 (Tex.Cr.App.1984). See also Harville v. State, 591 S.W.2d 864 (Tex.Cr.App.1979); Mays v. State, 726 S.W.2d 937 (Tex.Cr.App.1986). However, a waiver should not be inferred by an accused’s inaction or acquiescence to continued interrogation, or by his failure to utilize his opportunity to call an attorney. United States v. Ledezma-Hernandez, 729 F.2d 310 (5th Cir.1984).
We cannot conclude from the totality of the circumstances that appellant voluntarily, knowingly and intelligently waived all of his rights. We are compelled to find that the trial court abused its discretion in finding a valid waiver. See Ex parte Haliburton, 755 S.W.2d 131, 135 (Tex.Cr.App.1988); Burdine v. State, 719 S.W.2d 309, 318 (Tex.Cr.App.1986).
Appellant’s confession was the anchor of the State’s case against him. The complaining witness and his family were not home at the time of the burglary. The investigating officer had no suspects that made out the State’s case. The admission of the oral statements was not harmless error under Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967), and its progeny or Rule 81(b)(2), Texas Rules of Appellate Procedure.
The judgments of the Court of Appeals and the trial court are reversed and the cause is remanded to the trial court.