Beard v. State

OPINION

MORRISON, Judge.

The offense is rape; the punishment, 99 years.

Appellant’s first ground of error is that the court’s charge did not limit the jury’s consideration of the extraneous offenses to the issue of the flight of the defendant, but permitted the jury to consider the extraneous offenses on the issue of appellant’s identity. While it is true that the court originally admitted the evidence of such offenses to show flight, at the conclusion of the trial, he must have concluded, as we now do, that they also are admissible on the question of his identity. When appellant testified that…