Caldwell v. State

OPINION

DALLY, Commissioner.

The conviction is for rape; the punishment, six years imprisonment.

The sufficiency of the evidence is not challenged.

The appellant contends that reversible error was committed when proof of an extraneous offense was admitted over appellant’s objection.

A sister of the prosecutrix was permitted to testify that less than a month before the attack made on the prosecutrix, she had also been assaulted by the appellant, who made a forcible attempt to commit rape upon her. The sister testified that although a lengthy struggle took place at that time, she was able to prevent…