Harvey v. State

OPINION

CONNOR, Justice.

The primary question in this appeal is whether error was committed in admitting evidence of previous bad acts of the appellant.

The case arises out of the tragic death of 18 month old Curtis Carlson. At the time of his death, Curtis was living with Leeoma Carlson, his mother, and Tony Harvey, the appellant here. On the evening of July 24, 1977, Harvey spanked Curtis numerous times on his buttocks and lower body because he would not drink his milk. The next morning, Curtis was again spanked for refusing to drink some juice. During this spanking Curtis went into…