Legal Opinion · Dissent

Bills v. State

Court of Criminal Appeals of Texas

Decided June 24, 1959No. 30761Published

1DissentDavidson, Judge

Proof of other and extraneous offenses committed by the accused is admissible only when proof thereof tends to solve some disputed" issue in the case. Branch’s P.C., 2d Edition, Vol. 1, Sec. 188.

The disputed issue must be one of fact. Daniel v. State, 152 Texas Cr. Rep. 240, 212 S.W. 2d 636.

This being a plea of guilty before a jury, there was no issue, either under the pleadings or the facts, which would authorize proof of acts of sodomy committed by the appellant with third parties.

If proof of such other acts or offenses was admissible it was admissible only because it tended to prove some…

2Cases cited8 opinions

  1. Burks v. StateCourt of Criminal Appeals of Texas · 1942
  2. Beard v. StateCourt of Criminal Appeals of Texas · 1943
  3. Lockhart v. StateCourt of Criminal Appeals of Texas · 1908
  4. Hemmeline v. StateCourt of Criminal Appeals of Texas · 1958
  5. Daniel v. StateCourt of Criminal Appeals of Texas · 1948

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