Jackson v. State
| Decision Date | 21 February 1951 |
| Docket Number | No. 25131,25131 |
| Citation | 155 Tex.Crim. 466,236 S.W.2d 623 |
| Parties | JACKSON v. STATE. |
| Court | Texas Court of Criminal Appeals |
Wade, Wade & Barnhart, Beeville, for appellant.
John H. Miller, Dist. Atty., Sinton, George P. Blackburn, State's Atty., of Austin, for the State.
DAVIDSON, Commissioner.
This is a conviction under what is commonly referred to as the indecent fondling statute, appearing as art. 535d, Vernon's Penal Code.
Upon his plea of guilty before a jury, appellant's punishment was fixed at twelve and one-half years in the penitentiary.
The count of the indictment upon which guilt was predicated was to the effect that appellant, 'with lascivious intent, willfully and intentionally' placed his hand upon the sexual parts of a female under the age of fourteen years.
Appellant filed an application for a suspended sentence and, in support thereof, testified that he had 'never been in court before.' The trial court accepted this testimony as being sufficient to show that he had not been convicted of a felony and to warrant submission of the plea to the jury.
Other than by the sworn plea, appellant did not place his reputation for being a peaceable and law-abiding citizen in issue. No witness was called who attested to appellant's good reputation in the respect mentioned. The sheriff testified that the reputation was bad.
Under this state of facts, the state was permitted, over appellant's objection, to show that about two years prior, in an adjoining county, appellant had been guilty of an act of misconduct similar to that for which he was here upon trial. In addition, state's counsel inquired relative to other prior accusations against appellant, proof of which appear, however, to have been denied upon appellant's objection.
In Skelton v. State, 106 Tex.Cr.R. 90, 291 S.W. 238, 240, we announced the rule:
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