SMITH v. STATE

No. 40257.

415 S.W.2d 206 (1967)

William SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 7, 1967.


Attorney(s) appearing for the Case

John E. Cahoon, Sr., Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Joseph P. Witherspoon, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

DICE, Judge.

The conviction is for sodomy; the punishment, two years.

Trial was after January 1, 1966, under the 1965 Code of Criminal Procedure.

Two grounds of error are urged by appellant in his brief filed with the clerk of the trial court. He first complains that the court erred in admitting evidence of an act of sodomy between him and the prosecuting witness subsequent to the one alleged in the indictment, over the objection...

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