Rodriguez v. State

OPINION

DALLY, Commissioner.

The conviction is for murder; the punishment, death.

The appellant’s first ground of error alleges that the trial court erroneously admitted “the prejudicial testimony of Officer Shell relating to a prior and unconnected extraneous offense.” We agree. The judgment is reversed for that reason.

The evidence shows the appellant killed George Ocanas without any apparent motive. At approximately 7:30 p. m. on Easter Sunday evening, March 29, 1970, five men, George Ocanas, Ceaser Vidurri, Raymond Vidurri, Abel Olmeda and Enrique Vidurri, were standing near a street in the…