Caldwell v. State, 477 S.W.2d 877 (Tex. Crim. App. 1972). · Go Syfert
Caldwell v. State, 477 S.W.2d 877 (Tex. Crim. App. 1972). Cases Citing This Book View Copy Cite
70 citation events (22 in the last 25 years) across 2 distinct courts.
Strongest positive: Everett Dale Webb v. State (texapp, 2019-05-15)
Treatment trajectory · 1972 → 2026 · click a year to view as-of
1972 1999 2026
Top citers, strongest first. 24 distinct citers.
cited Cited as authority (rule) Everett Dale Webb v. State
Tex. App. · 2019 · confidence medium
App. 1994); Caldwell v. State, 477 S.W.2d 877, 879 (Tex. Crim.
cited Cited as authority (rule) Jose Aguillen v. State
Tex. App. · 2017 · confidence medium
App. 1994) (finding trial court did not err in admitting evidence to rebut defensive theory raised on cross-examination of State’s witnesses); Caldwell v. State, 477 S.W.2d 877, 879 (Tex. Crim.
cited Cited as authority (rule) Cornell Smith Jr v. State
Tex. App. · 2013 · confidence medium
Caldwell v. State, 477 S.W.2d 877, 879 (Tex.Crim.App.1972).
discussed Cited as authority (rule) Bargas v. State (2×) also: Cited "see"
Tex. App. · 2008 · confidence medium
Caldwell v. State, 477 S.W.2d 877, 879 (Tex.Crim.App.1972); Webb v. State, 36 S.W.3d 164 , 181 n. 9 (Tex.App.-Houston [14th Dist.] 2000, pet. ref'd) (en banc); Bass v. State, 222 S.W.3d 571, 576, 578 (Tex.App.-Houston [14th Dist.] 2007, pet. granted); Patterson v. State, No. 05-06-00808-CR, 2007 WL 4200998 , at *13 (Tex.App.-Dallas Nov.29, 2007, no pet. h.) (not designated for publication).
discussed Cited as authority (rule) George Michael Bargas, Jr. v. State (2×) also: Cited "see"
Tex. App. · 2008 · confidence medium
Caldwell v. State , 477 S.W.2d 877, 879 (Tex. Crim.
cited Cited as authority (rule) Demetriat Rochaan Pleasant v. State
Tex. App. · 2006 · confidence medium
Caldwell v. State, 477 S.W.2d 877, 878 (Tex. Crim.
cited Cited as authority (rule) Demetriat Rochaan Pleasant v. State
Tex. App. · 2006 · confidence medium
Caldwell v. State , 477 S.W.2d 877, 878 (Tex. Crim.
cited Cited as authority (rule) DeLeon v. State
Tex. App. · 2002 · confidence medium
Caldwell v. State, 477 S.W.2d 877, 879 (Tex.Crim.App.1972).
cited Cited as authority (rule) Guadalupe DeLeon v. State
Tex. App. · 2001 · confidence medium
Caldwell v. State, 477 S.W.2d 877, 879 (Tex. Crim.
cited Cited as authority (rule) Guadalupe DeLeon v. State
Tex. App. · 2001 · confidence medium
Caldwell v. State , 477 S.W.2d 877, 879 (Tex. Crim.
cited Cited as authority (rule) Jose Luiz Garcia v. State
Tex. App. · 1992 · confidence medium
App. 1983); Caldwell v. State , 477 S.W.2d 877, 879 (Tex. Crim.
cited Cited as authority (rule) Wells v. State
Tex. App. · 1987 · confidence medium
Caldwell v. State, 477 S.W.2d 877, 879 (Tex.Crim.App.1972).
cited Cited as authority (rule) Moore v. State
Tex. Crim. App. · 1985 · confidence medium
This is not and should not be the law.” Caldwell v. State, 477 S.W.2d 877, 879 (Tex.Cr.App.1972).
discussed Cited as authority (rule) McKay v. State (2×)
Tex. Crim. App. · 1985 · confidence medium
When Williams v. State, 662 S.W.2d 344 (Tex.Cr.App.1983), speaks of “relevance to a material issue the State must prove” in a circumstantial evidence case, id., at 346 , it and the cases cited make clear that “issue” means such matters as motive, intent and design, Etchieson v. State, 574 S.W.2d 753, 760 (Tex.Cr.App.1978) and Mulchahey v. State, 574 S.W.2d 112, 117 (Tex.Cr.App.1978), or identity, Jones v. State, 568 S.W.2d 847, 858 (Tex.Cr.App.1978). 1 Just as clearly, in Caldwell v. State, 477 S.W.2d 877, 879 (Tex.Cr.App.1972), the Court rejected the theory advanced by the majority op…
discussed Cited as authority (rule) Smith v. State
Tex. Crim. App. · 1983 · confidence medium
Nevertheless, before considering the applicability of the res gestae of the arrest exception to this cause, we first point out the following: there was positive proof by the State of the allegations in the indictment; appellant did not inject into the case any issue that would have authorized the admission into evidence of the spontaneous declaration, compare Ex parte Carter, 621 S.W.2d 786 (Tex.Cr.App.1981); Bell v. State, 620 S.W.2d 116 (Tex.Cr.App.1981); the cross examination of the complainant did not exceed the bounds of proper cross examination, see Caldwell v. State, 477 S.W.2d 877, 879…
discussed Cited "see" Ransom v. State (2×)
Tex. Crim. App. · 1974 · signal: see · confidence high
See and compare Caldwell v. State, 477 S.W.2d 877 (Tex.Cr.App.1972), where it was pointed out that the fact that an accused cross-examines does not, standing alone, authorize the introduction of an extraneous offense. .
discussed Cited "see" Franklin v. State
Tex. Crim. App. · 1972 · signal: see · confidence high
See Caldwell v. State, Tex.Cr.App., 477 S.W.2d 877 , where we stated: “ ‘To hold that the cross-examination of this prosecutrix would permit the introduction of an extraneous offense would be tantamount to holding that such testimony would be admissible in any case where a defendant’s counsel exercises the constitutional right of cross-examination.
cited Cited "see, e.g." State v. Jennifer Brewer
Tex. App. · 2011 · signal: see also · confidence medium
Id.; see also DeLeon v. State, 77 S.W.3d 300, 314 (Tex. App.—Austin 2001, pet. ref’d) (citing Caldwell v. State, 477 S.W.2d 877, 879 (Tex. Crim.
cited Cited "see, e.g." Frank Gaytan v. State
Tex. App. · 2011 · signal: see also · confidence medium
Id .; see also DeLeon v. State , 77 S.W.3d 300, 314 (Tex. App.--Austin 2001, pet. ref'd) (citing Caldwell v. State , 477 S.W.2d 877, 879 (Tex. Crim.
cited Cited "see, e.g." Gaytan v. State
Tex. App. · 2011 · signal: see also · confidence medium
Id.; see also DeLeon v. State, 77 S.W.3d 300, 314 (Tex. App.-Austin 2001, pet. ref'd) (citing Caldwell v. State, 477 S.W.2d 877, 879 (Tex. Crim.App.1972)).
cited Cited "see, e.g." Prior v. State
Tex. Crim. App. · 1983 · signal: see also · confidence medium
See also Caldwell v. State, 477 S.W.2d 877, 879 (Tex.Cr.App.1972); Rogers v. State, 484 S.W.2d 708 (Tex.Cr.App.1972); Redd v. State, 522 S.W.2d 890 (Tex.Cr.App.1975).
discussed Cited "see, e.g." Elkins v. State
Tex. Crim. App. · 1983 · signal: compare · confidence medium
Compare Walker v. State, 588 S.W.2d 920 (Tex.Cr.App.1979). *666 A statement in Caldwell v. State, 477 S.W.2d 877, 879 (Tex.Cr.App.1972) is particularly appropriate: “To hold that the cross-examination of this [complainant] would permit the introduction of an extraneous offense would be tantamount to holding that such testimony would be admissible in any case where a defendant’s counsel exercises the constitutional right of cross-examination.
discussed Cited "see, e.g." Redd v. State (2×)
Tex. Crim. App. · 1975 · signal: compare · confidence low
See Okra v. State, 507 S.W.2d 220 (Tex.Cr.App.1974); Franklin v. State, 488 S.W.2d 826 (Tex.Cr.App.1972); Albrecht v. State, 486 S.W.2d 97 (Tex.Cr.App.1972); Rogers v. State, 484 S.W.2d 708 (Tex.Cr.App.1972); compare Caldwell v. State, 477 S.W.2d 877 (Tex.Cr.App.1972).
cited Cited "see, e.g." Mitchell v. State
Tex. Crim. App. · 1974 · signal: compare · confidence low
Compare Caldwell v. State, 477 S.W.2d 877 (Tex.Cr.App.1972).
Robert CALDWELL, Appellant,
v.
the STATE of Texas, Appellee
44681.
Court of Criminal Appeals of Texas.
Mar 22, 1972.
477 S.W.2d 877
Weldon Holcomb, Tyler, for appellant., Curtis L. Owens, Dist. Atty., Tom T. Tatum, Asst. Dist. Atty., Tyler, and Jim D. Vollers, State’s Atty., Austin, for the State.
Dally.
Cited by 53 opinions  |  Published

OPINION

DALLY, Commissioner.

The conviction is for rape; the punishment, six years imprisonment.

The sufficiency of the evidence is not challenged.

The appellant contends that reversible error was committed when proof of an extraneous offense was admitted over appellant’s objection.

A sister of the prosecutrix was permitted to testify that less than a month before the attack made on the prosecutrix, she had also been assaulted by the appellant, who made a forcible attempt to commit rape upon her. The sister testified that although a lengthy struggle took place at that time, she was able to prevent appellant from accomplishing the act by using some of the training she had received while in the “Job Corp.”

The appellant did not testify, offered no other testimony and rested his case with the State.

The State urges that, as an exception to the general rule that such extraneous offenses are not admissible, the appellant’s assault upon and the attempted rape of the prosecutrix’s sister made at a different place and time and out of the presence of the prosecutrix was admissible.

The State’s argument is that extraneous offenses are admissible to show intent. They say that in this case it was necessary for the State to prove a “specific intent” to commit the offense of rape.

It is their contention that the issue of intent was raised by the cross-examination of the prosecutrix. In support of their argument, they cite Brown v. State, 27 Tex.App. 330, 11 S.W. 412 (1889) and Passmore v. State, 15 S.W. 286 (Tex.Crim.App.1890). We fail to see how these cases support the State’s position. Both cases were reversed. They are not rape cases. They are cases of assault with intent to rape. It would seem that here, where the uncontroverted testimony showed the completed offense of rape, that the intent to do the act would be conclusively presumed.

The State’s argument is answered by the language in Lovely v. United States, 169 F.2d 386 (4th Cir. 1948), as follows:

“While evidence of other similar offenses is held admissible for the purpose of establishing intent in cases of assault with intent to commit rape (Wigmore on Evidence, 2d ed., sec. 357) . . . the overwhelming weight of authority is that such evidence is not admissible in prosecutions for rape. The reason for the difference in the rule applicable is obvious. Other attempts to ravish have a tendency to show that an assault under investigation was made with like intent. . . ."

The prosecutrix was nineteen years of age. She attended junior college. She was employed at a hospital. Her testimony on direct examination was articulate. Medical and other evidence corroborated her testimony. The record shows that cross-examination of prosecutrix was extensive and probed for the details of the act. Her testimony on cross-examination was almost precisely the same as on direct examination. She was unimpeached on any material detail of her testimony. From a review of the record it appears the cross-examina[*879] tion of prosecutrix was fair and did not in any way exceed the bounds of propriety.

To hold that the cross-examination of this prosecutrix would permit the introduction of an extraneous offense would be tantamount to holding that such testimony would be admissible in any case where a defendant’s counsel exercises the constitutional right of cross-examination. That is not and should not be the law.

Under the authority of Thompson v. State, 168 Tex.Cr.R. 320, 327 S.W.2d 745 (1959); Young v. State, 159 Tex.Cr.R. 164, 261 S.W.2d 836 (1953); Hagood v. State, 104 Tex.Cr.R. 429, 284 S.W. 547 (1926) and Higgins v. State, 87 Tex.Cr.R. 424, 222 S.W. 241 (1920), this case must be reversed.

In Thompson v. State, supra, it was said:

“Another ground for reversal is found in the proof that appellant attempted to forcibly have sexual intercourse with another woman at a tourist court on another and separate occasion.”

Proof of the extraneous offense was not admissible on the issue of consent. The appellant did not testify. Even if he had and the only issue was consent, “The fact that one woman was raped . . . has no tendency to prove that another woman did not consent.” Lovely v. United States, supra.

Our decision here and that in Thompson v. State, supra, are consistent with the decisions in a number of other jurisdictions. See Lovely v. United States, 169 F.2d 386 (4th Cir. 1948); Meeks v. State, 249 Ind. 659, 234 N.E.2d 629 (1968); People v. Greeley, 14 Ill.2d 428, 152 N.E.2d 825 (1958); State v. Gammons, 258 N.C. 522, 128 S.E.2d 860 (1963); State v. Mason, 79 N.M. 663, 448 P.2d 175 (1968); Cook v. Commonwealth, 379 S.W.2d 228 (Ky.App.1964); State v. Winget, 6 Utah 2d 243, 310 P.2d 738 (1957).

We hold that proof that the appellant attempted to forcibly have sexual intercourse with the prosecutrix’s sister on a separate occasion was reversible error.

The judgment is reversed and remanded.

Opinion approved by the Court.