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TATE v. STATE

No. 185-98

981 S.W.2d 189 (1998)

Christopher Michael TATE, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

December 9, 1998.

Attorney(s) appearing for the Case

James H. Kreimeyer, Belton, for appellant.

James T. Russell, Asst. Dist. Atty., Belton, Matthew Paul, State's Atty., Austin, for State.

OPINION

MANSFIELD, Judge, delivered the opinion of the Court in which BAIRD, OVERSTREET, PRICE, HOLLAND, & WOMACK, Judges, join.

The issue presented is whether Texas Rule of Criminal Evidence 404(b)1 allows a defendant to present evidence of a victim's threat against him in order to show that the victim was the aggressor and the defendant acted in self-defense.

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