Woods v. State

I dissent to the holding that the extraneous offense was admissible.

“The general rule in all English speaking jurisdictions is that an accused is entitled to be tried on the accusation *667made in the State’s pleading and not on some collateral crime, or for being a criminal generally. The rule is now deemed axiomatic and is followed in all jurisdictions.” Young v. State, 159 Tex. Cr.R. 164, 261 S.W.2d 836.

See also 23 Tex.Jur.2d, Evidence, § 194, p. 294. There are exceptions to the general rule.

In 23 Tex.Jur.2d Evidence, § 195, p. 300, it is written:

“Evidence of the commission of other crimes by…