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TOMLINSON v. STATE

No. 40774.

422 S.W.2d 474 (1967)

Charles Clifton TOMLINSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 17, 1968.

Attorney(s) appearing for the Case

Jones, Blakeslee, Minton, Burton & Fitzgerald, by Roy Q. Minton, Austin, for appellant.

Martin D. Eichelberger, Dist. Atty., George H. Allen, Asst. Dist. Atty., Waco, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is passing as true a forged instrument. The punishment is two years.

It is axiomatic that when extraneous offenses are admitted, the jury must be told that they cannot consider them unless the State proves that the accused committed such collateral crimes. Lankford v. State, 93 Tex.Cr.R. 442, 248 S.W. 389. This being so, no extraneous offense should be offered unless the State is prepared to prove that the accused...

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