Smith v. State

OPINION

DICE, Judge.

The conviction is for sodomy; the punishment, two years.

Trial was after January 1, 1966, under the 1965 Code of Criminal Procedure.

Two grounds of error are urged by appellant in his brief filed with the clerk of the trial court. He first complains that the court erred in admitting evidence of an act of sodomy between him and the prosecuting witness subsequent to the one alleged in the indictment, over the obj ection that it constituted proof of an extraneous offense.

The indictment charged that appellant committed the offense of sodomy on or about the 5th day of June, 1965.

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