Ellisor v. State

I cannot agree to the affirmance of this case. I respectfully enter my dissent.

I have reached the definite conclusion that the testimony showing the prior acts of misconduct and violations of the law on the part of the appellant was not admissible and that Dempsey v. State, 159 Texas Cr. R. 602, 266 S.W. 2d 875, is authority for that conclusion.

I am also convinced that the testimony of the witness Scarborough regarding his attempted arrest of the appellant, the difficulty that ensued, and the exchange of shots was not admissible. On the other hand, if Scarborough’s testimony was to be…