BEARD v. STATE

No. 42870.

456 S.W.2d 82 (1970)

John Thomas BEARD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 15, 1970.


Attorney(s) appearing for the Case

Walter Boyd, Jr., Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Ray Montgomery, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is rape; the punishment, 99 years.

Appellant's first ground of error is that the court's charge did not limit the jury's consideration of the extraneous offenses to the issue of the flight of the defendant, but permitted the jury to consider the extraneous offenses on the issue of appellant's identity. While it is true that the court originally admitted the evidence of such offenses to show flight, at the conclusion...

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