Johnson v. State

OPINION

DALLY, Commissioner.

The conviction is for robbery; the punishment, imprisonment for forty years.

The appellant first complains that evidence of an extraneous offense was erroneously admitted. The State’s proof shows that the appellant robbed the same victim on two occasions, both on the 15th and 29th of September, 1971. 1 The appellant did not testify in the presence of the jury and presented no evidence in his defense during the guilt-innocence phase. The State argues that reversible error is not reflected because there was not a sufficient objection to preserve error. We need not…