Court of Criminal Appeals of Texas

Lester Boutwell, Appellant v. the State of Texas, Appellee

April 24, 19851985 Tex. Crim. App. LEXIS 1338

Summary

The Court of Criminal Appeals of Texas reversed the Court of Appeals' judgment in cause 711, holding that the appellate court's definition of "promiscuity" under §§21.09 and 21.10 was overruled and that the trial court properly refused to submit the promiscuity defense because the evidence was insufficient. It also held that extraneous offense evidence was inadmissible to rebut the alibi defense, affirming the judgments in causes 712 and 713. Separate concurring opinions noted procedural disputes over supplemental briefs and the need for clearer rules on extraneous offenses.