Berry v. State

OPINION

ODOM, Judge.

This appeal is taken from a conviction for the offense of assault with intent to rob; the punishment, enhanced under Article 62, Vernon’s Ann.P.C., was assessed by a jury at ten years.

The sufficiency of the evidence to support the conviction is not challenged. Appellant’s contentions are that the trial court erred in admitting evidence of extraneous offenses committed by him and that the court abused its discretion by allowing a witness to testify in violation of Article 36.03, Vernon’s Ann.C.C.P. 1

The record reflects that at approximately ten minutes until one on the…