Boutwell v. State

OPINION ON STATE’S MOTION FOR REHEARING

W.C. DAVIS, Judge.

In our opinion on original submission we held that the evidence showed that the identity of appellant as the perpetrator of the offense was not in issue and that his defense of alibi did not “automatically” put identity in issue so as to permit the introduction of extraneous offenses. We reaffirm the correctness of our original opinion delivered April 24, 1985, and need not reanalyze the issue here.

In his motion for rehearing the district attorney for Bell County reiterates a contention raised in the Court of Appeals and in this Court…