Sample Instruction: Uncharged Offenses Or Bad Acts Must Be Proved Beyond A Reasonable Doubt

You are instructed that if there is any evidence before you of the defendant having committed any other offenses or bad acts, other than the offense alleged against him in the indictment in this case, you cannot consider such evidence for any other purpose unless you first find and believe beyond a reasonable doubt that the defendant committed such other offenses or bad acts, if any, and even then, you may only consider such evidence to aid you in determining, if it does aid you, the defendant's intent, knowledge, plan, scheme, if any, to commit the offense alleged against him in the indictment in this case.

Source: Approved in Howard v. State, (Tex. App. Dallas, No. 05-08-01119-CR, Feb. 26, 2010) [NOTICE: This opinion is UNPUBLISHED.] [citing Chaddock v. State, 203 S.W.3d 916, 924 (Tex. App.--Dallas 2006, no pet.).]

For subscription based briefing and sample instructions on this and related issues see:

Forecite National™
25.19 - Uncharged Acts: Nonpropensity
25.20 - Uncharged Acts To Prove Propensity (FRE 413-415)
26.5 - Uncharged Acts To Prove Issues Other Than Propensity
65.1.1 - Natural And Probable Consequence: Prejudicial Impact Of The Failure To Instruct On Elements Of Uncharged Target Offense
The Shellow Instructions
Limited Purpose Evidence: Uncharged Offenses And Acts
Forecite California™
F 2.50 - Other Crimes, Uncharged Offenses
F 2.50.1 - Other Crimes Evidence