McLellan v. Benson

OPINION ON MOTION FOR REHEARING

DUGGAN, Justice.

Appellant has filed a motion for rehearing in this ease. We deny the motion, but withdraw our initial opinion of April 21,1994, and substitute this one in its stead.

The trial court entered judgment on a jury verdict in a suit for sexual assault and awarded appellee, Grace Benson, $315,220 in actual damages and $25,000 in exemplary damages against appellant, George McLellan.

In his sole point of error, appellant contends that the trial court erred in allowing testimony regarding an unrelated extraneous act in violation of Tex.R.Civ.Evid. 404(b). We…