Elkins v. State

2 Citing cases

  1. Contreras v. State

    838 S.W.2d 594 (Tex. App. 1993)   Cited 12 times
    Allowing similar burglary and sexual offenses to show intent and identity

    After Rucker, the Legislature amended the rape statutes, effectively overruling Rucker. See Lindsey v. State, 760 S.W.2d 649, 651 (Tex.Crim.App. 1988); Holder v. State, 643 S.W.2d 718, 722 (Tex.Crim.App. 1983); Dodson v. State, 699 S.W.2d 251, 253-54 (Tex.App. — Tyler 1985, no pet.); Elkins v. State, 681 S.W.2d 890, 892 (Tex.App. — Fort Worth 1984, no pet.). Our current statute provides that sexual assault is aggravated if the defendant "by acts or words places the victim in fear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person."

  2. Richardson v. State

    753 S.W.2d 759 (Tex. App. 1988)   Cited 10 times

    Our review of the legislative history persuades us that the legislature added the language "by acts, words or deeds" to remove Rucker from the jurisprudence of the State. It is particularly noteworthy that the "acts, words or deeds" language is almost identical to language in Seaton v. State, 564 S.W.2d 721, 724 (Tex.Crim.App. 1978), which was overruled by the Court of Criminal Appeals in Rucker. See Elkins v. State, 681 S.W.2d 890, 893 (Tex.App. — Fort Worth 1984, no pet.) (by adopting "acts, words or deeds" language of Seaton, legislature intended to overrule Rucker and show its approval of Seaton.); Seek v. State, 646 S.W.2d 557, 560 n. * (Tex.App. — Houston [1st Dist.] 1982, no pet.). We are aware that the 1983 enactment changed the language from "acts, words or deeds" to "acts or words."