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252 S.W. 756

Scott v. State

Court of Criminal Appeals of Texas

Decided February 14, 1923

Court of Criminal Appeals of Texas · decided 1923-02-14

Cited by 2 later decisions — most recently April 1980

2 state decisions

Relies on 95 Tex. Crim. 20 - Fields v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1923-02-14

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¶1On Motion for Rehearing.

LATTIMORE, J.

¶2Upon practically an identical record in a companion case' of Fields v. State (No. 6751) 252 S. W. 759, the majority of the court have concluded that no error was committed in the admission of evidence of what is claimed to be other offenses, nor in the charge of the learned trial court in reference thereto. For our views in greater detail upon these questions, an expression of which here would be but a reiteration, see the opinion of the majority upon the original consideration and upon motion for rehearing in the case of Fields v. State (No. 6751) 252 S. W. 759, opinion this day handed down.

¶3The motion for rehearing will be overruled.

MORROW, P. J.

¶4(dissenting). In the judgment of the writer, the learned trial judge committed error prejudicial to the appellant in failing to limit to its proper scope the evidence of a collateral crime.

¶5Upon a practically identical record, the views of the writer have been expressed in somewhat more detail in the companion case of Fields v. State (No. 6751) 252 S. W. 759. *759A reiteration is unnecessary. Suffice it to say that, in the opinion of the writer, thte motion for rehearing should he granted. This is said with great deference to my brethren on the bench. The views expressed by them are well considered and may be sound. I am not, however, able to bring myself into accord with them.

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