Legal Opinion · Dissent

Houston v. State

Texas Court of Appeals, 10th District (Waco)

Decided June 17, 1992No. 10-91-224-CRPublished

1DissentVance, Justice

Houston complains that evidence of extraneous offenses was admitted over his objections. See Tex.R.Crim.Evid. 401, 403, 404(b). The evidence came from three sources: Houston’s written statement, testimony of the complainant, and testimony of the complainant’s sister.

RULES OF EVIDENCE

Before reciting the facts of the offense and the evidence that Houston complains of, a review of the rules of evidence concerning “other crimes, wrongs, and acts” will be helpful. See id. at 404(b).

CONDUCT INCLUDED IN THE SCOPE OF RULE 404(b)

Rule 404(b) does not speak of “extraneous offenses”; rather, it limits…

2Cases cited8 opinions

  1. Harris v. StateCourt of Criminal Appeals of Texas · 1989
  2. Mayes v. StateCourt of Criminal Appeals of Texas · 1991
  3. Burns v. StateCourt of Criminal Appeals of Texas · 1977
  4. Taylor v. StateCourt of Criminal Appeals of Texas · 1967
  5. Mann v. StateCourt of Criminal Appeals of Texas · 1986

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