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Keywords

contractdefendanttrialtestimonyleaseappellant

testimonyleaseobjectionappellant

Related Cases

Carmean v. State, 163 Tex.Crim. 218, 290 S.W.2d 240

Facts

The appellant leased a building to the complaining witnesses, who later purchased it under a contract. After the sale, the appellant retained a key and continued to occupy a small rear building. On August 5, 1955, money was reported missing from the cash register of the front building, and the appellant was found with money that had fluorescent salve on it. The owners testified that they did not give the appellant permission to enter the building, while the appellant claimed he had a right to enter based on prior agreements.

The state's testimony shows that the appellant leased his building to the complaining witnesses who were engaged in the radio and television business, retained a small building at the rear of said leased building where he operated a radio repair business and also retained a key to the leased building with the right to use the rest room.

Issue

Did the trial court err in allowing evidence of other thefts from the building that were not connected to the defendant?

Appellant insists that the court erred in permitting the state to prove other thefts and burglaries from and of the front building during a period of several months prior to the offense of burglary here charged to have been committed on August 5, 1955, over his objection that such testimony showed the commission of extraneous offenses with which he was not connected or charged and that it was prejudicial and inflammatory.

Rule

Evidence of extraneous offenses is generally inadmissible unless it tends to prove intent, system, or identity, and the accused's guilt of the extraneous offense must be shown.

In every case where such extraneous crimes are admissible there must be pertinent testimony tending to show that appellant was guilty of the extraneous offense.

Analysis

The court determined that the evidence of other thefts was inadmissible because there was no testimony connecting the appellant to those thefts. The lack of evidence showing that the appellant was guilty of the extraneous offenses meant that the admission of such evidence was prejudicial and could have influenced the jury's decision.

The receipt of evidence of the other thefts from the building, in the absence of any testimony connecting the appellant with them, was of a nature reasonably calculated to injure the appellant.

Conclusion

The court reversed the conviction and remanded the case due to the improper admission of evidence regarding other thefts.

For the error pointed out, the judgment is reversed and the cause is remanded.

Who won?

The appellant prevailed because the court found that the admission of irrelevant evidence constituted reversible error.

The court reversed the conviction and remanded the case due to the improper admission of evidence regarding other thefts.

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Related Cases

People v. Duckett, 162 Cal.App.3d 1115, 209 Cal.Rptr. 96

Harris v. State, 790 S.W.2d 568

People v. Horn, 279 Mich.App. 31, 755 N.W.2d 212

People v. Heffington, 32 Cal.App.3d 1, 107 Cal.Rptr. 859

People v. Delarosa, 287 A.D.2d 735, 732 N.Y.S.2d 108, 2001 N.Y. Slip Op. 08424