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Wilson v. State

In asking questions to test a character witness' familiarity with the defendant, not only was the state not required to prove to the jury that the acts actually occurred, but it would have been improper to attempt to do so.

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ON DIRECT APPEAL FROM HARRIS COUNTY

OPINION

Appellant was convicted in December 1999 of capital murder. Tex. Pen. Code Ann. � 19.03(a) (Vernon 1994). Pursuant to the jury’s answers to the special issues set forth in Texas Code of Criminal Procedure Article 37.071 sections 2(b) and 2(e), the trial judge sentenced appellant to death. Art. 37.071 � 2(g). *fn1 Direct appeal to this Court is automatic. Art. 37.071 � 2(h). Appellant raises three points of error but does not challenge the sufficiency of the evidence at either stage of trial. Thus, only those facts essential to answer appellant’s points will be set out. We affirm.

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