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eBook details

• Title: Cook v. State
• Author : Texas Court of Appeals
• Release Date : January 06, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

Opinion The jury convicted Sammie Luckus Cook, Jr. of aggravated sexual assault. The jury also found that appellant used a deadly weapon during the commission of the offense and assessed his punishment at confinement for life and a fine of $10,000. We affirm. Points of Error Appellant presents seven points of error. First, appellant argues that the trial court erred: (Point 1) by failing to define ""reasonable doubt"" in its charge to the jury; and (Point 2) by denying his motion for continuance. Next, appellant argues: (Point 3) that the evidence was ""legally insufficient"" to prove that the knife was a deadly weapon; (Point 4) that the evidence was ""factually insufficient"" to prove that the knife was a deadly weapon; and (Point 5) that the evidence was ""factually insufficient"" to prove identity. Finally, appellant argues that the trial court erred: (Point 6) by instructing the jury that ""intent may be inferred from acts done, words spoken, or both""; and (Point 7) by failing to make a proper determination on the admissibility of extraneous offense evidence at the punishment phase of trial.

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