Franklin v. State

OPINION

DALLY, Commissioner.

The conviction is for robbery by assault; the punishment, one hundred years imprisonment.

By several grounds of error the appellant urges that this case should be reversed because the State was permitted to introduce evidence of an extraneous offense. We agree. The extraneous offense was not shown to be admissible under any of the exceptions to the general rule that extraneous offenses are not admissible.

The appellant was indicted in this case for the robbery of James Gregory, an attendant at the DeWees Eneo Service Station in Big Spring.

The State’s first witness,…