T. C. Jones v. State Texas
1972.TX.40607; 481 S.W.2D 900
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The record reflects that after the appellant entered a plea of not guilty before the jury, and prior to any testimony being offered, a hearing was requested on appellants motion in limine. The jury was retired from the courtroom and the appellant moved the court not to allow the state to produce evidence of any extraneous offense. The court then inquired of the prosecutor if he intended to offer such testimony. The prosecutor replied that he intended to offer evidence of an offense committed "some seven days later." The trial court, relying on Cox v. State, 170 Tex. Crim. 128, 338 S.W.2d 711, overruled the motion in limine and the appellant excepted to the ruling.